RS 2162 - Violations; civil penalty; jurisdiction
A. Any person who violates any provision of this Chapter shall, after notice and a hearing, be liable to the board for a fine of up to ten percent of the total contract or the value of the work being performed for which there is a violation. In addition to the fine, the board may impose costs and attorney fees for each offense. If the board brings an action against a person pursuant to this Section and fails to prove its case, it shall be liable to the person for the payment of his reasonable litigation expenses as defined in R.S. 49:965.1(D).
B. In addition to or in lieu of the criminal penalties and administrative sanctions provided in this Chapter, the board may issue an order to cease and desist to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Chapter. The order shall be issued in the name of the state of Louisiana under the official seal of the board.
C. If the person or firm to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, or practice immediately, the board may cause to issue in any court of competent jurisdiction and proper venue, a writ of injunction enjoining the person or firm from engaging in any activity, conduct, or practice prohibited by this Chapter.
D. Upon proper showing by the board that a person or firm has engaged or is engaged in any activity, conduct, or practice prohibited by this Chapter, the courts shall issue a temporary restraining order restraining the person or firm from engaging in the unlawful activity, conduct, or practice pending the hearing on a preliminary injunction. In due course, a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practice without the board having to give bond. A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to the provisions of this Section shall not be subject to being released upon bond.
E. In the suit for an injunction, the board may demand of the defendant a penalty as provided in Subsection A of this Section. A judgment for penalty, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute. If the board brings an action against a person pursuant to the provisions of this Section and fails to prove its case, then it shall be liable to the person for the payment of his attorney fees and costs.
F. The trial of the proceeding by injunction shall be summary and by the judge without a jury.*
G. Anyone violating this Chapter who fails to cease work, after proper hearing and notification from the board, shall not be eligible to apply for a contractor's license for a period not to exceed one year from the date of official notification to cease work.
H. It shall be within the power of the board to withhold approval, for up to six months, of any application from anyone who, prior to said application, has been found in violation of this Chapter.
I. All fines or penalties collected by the board pursuant to the provisions of this Section for violations of any provision of this Chapter shall, annually, at each audit of the board, be transferred to a separate contractor's educational trust fund to be used for educational purposes as determined by the board.
J. Upon the expiration of the delays set forth in the Administrative Procedure Act for an aggrieved party to appeal any fine or penalty assessed by the board, if an appeal has not been so filed, the board may initiate civil proceedings against the party seeking to obtain a judgment against that party in an amount equivalent to the amount of the fine assessed, together with legal interest and all reasonable attorney fees incurred by the board in bringing the action. The proceedings shall be conducted on a summary basis, with the defendant being limited to the defense of lack of notice as to the meeting of the board during which the fine was assessed. All proceedings brought pursuant to the provisions of this Subsection shall lie in any court of competent jurisdiction in this state.
K. In addition to all other authority granted to the board by the provisions of this Chapter, the board shall have the authority to cause to be issued to any person who is alleged to have violated any of the provisions of this Chapter a citation setting forth the nature of the alleged violation, which provides to that person the option of either pleading no contest to the charge and paying a fine to the board prescribed by any provision of this Chapter or appearing at an administrative hearing conducted by the board regarding the alleged violation. The citations may be issued by any authorized employee of the board, and may be issued either in person or via the United States Postal Service, postage prepaid and properly addressed. This Subsection shall not be applicable to any criminal enforcement action brought pursuant to the provisions of this Chapter.
L. Any person registered or licensed pursuant to the provisions of this Chapter who is the subject of two or more complaints received by the board within a six month period shall have his name and the nature of each complaint received posted on the board's website.
M. Repealed by Acts 2019, No. 371, §2.
Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1995, No. 808, §1; Acts 1997, No. 380, §1; Acts 1997, No. 772, §1; Acts 2001, No. 968, §1; Acts 2007, No. 398, §1; Acts 2009, No. 156, §1; Acts 2019, No. 371, §§1, 2; Acts 2020, No. 102, §1.
*As appears in enrolled bill.