la-202609-3902fa87aa: Administrative Review of Notices of Violation

Department of Transportation and Development Office of Operations Administrative Review of Notices of Violation (LAC 73:I.Chapter 12) Notice is hereby given in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950, et seq., and through the authority granted in R.S. 36:504, that the Department of Transportation and Development proposes to amend LAC 73:I.Chapter 12, Administrative Review of Notices of Violation, which regulates the enforcement, payment, collection, and administrative review procedures for notices of violation issued under R.S. 32:389. The proposed amendments simplify these rules to comply with Plain Writing Act of 2010 (Public Law 111-274) for public understanding and clarify to remove unnecessary and obsolete regulations. Title 73 WEIGHTS, MEASURES AND STANDARDS Part I. Weights and Standards Chapter 12Administrative Review of Notices of Violation §1201.Purpose A.This Chapter implements the enforcement, payment, collection and administrative review procedures of R.S. 32:389 for notices of violation issued in accordance with any and all provisions of this part. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:522 (March 2002), LR 33:863 (May 2007), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1203.Notice of Violation A.When a carrier, common carrier, contract carrier, private carrier, transport vehicle, or driver is found in violation of any provision of this part, the department shall send the responsible party a Notice of Violation, Proposed Finding and Proposed Civil Penalty (“notice of violation”) within 30 calendar days of the violation. B.Each notice of violation shall clearly indicate whether a monetary penalty is assessed or whether the notice is only a warning. When a monetary penalty is assessed, the notice of violation shall be sent to the responsible party by certificate of mailing and shall state that the responsible party has 45 calendar days from the date of issuance to either pay the penalty or request, in writing, an administrative hearing to review the notice of violation. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389(D). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:522 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1205.Time Limitations A.The responsible party shall have 45 calendar days from the date of issuance of the notice to either pay the penalty, or request, in writing, an administrative hearing. B.If the department fails to issue the notice of violation within 30 calendar days, the violation shall be dismissed; however, the department shall be granted an additional 60 calendar days to issue the notice if there is a data system failure caused by an act of God or an intentional act of sabotage. During a state of emergency declared by the governor, the department shall be granted an additional 60 calendar days to send the notice, terminating not later than 60 days from the date the state of emergency ends. C.Payment shall be made by certified check, check, money order, or credit card. Credit card payments can be made both online and over the phone with the department. D.The DOTD Weights and Standards Administrator must report to the protestor within seven working days from the committee's decision. Said report shall fully inform the protestor of the decision of the committee. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389(C) and (F). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:522 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1207.Request for an Administrative Hearing A.A responsible party who wishes to contest a notice shall request an administrative hearing, in writing, to the department at the address listed on the notice, or by completing the request form located on the DOTD website. This request shall be deemed timely if postmarked or received within 45 days of the date of issuance of said notice. B.The written request for an administrative hearing shall include all of the following: 1.the name, mailing address, and telephone number of the responsible party and their authorized representative, if applicable; 2.notice of violation number; 3.date of issuance of violation; 4.vehicle identification number, or license plate of the vehicle to which the notice relates; 5.a concise statement of the factual and legal basis on which the responsible party contests the notice; 6.a copy of the notice of violation, if available, and any documentation the responsible party intends to rely upon. C.Within a reasonable time after receipt of a timely and complete request, the department shall acknowledge the request and set the matter for an administrative hearing conducted by an administrative law judge. This acknowledgement shall be done not less than 15 calendar days before the hearing and include the following: 1.Date, time, place, and manner of hearing. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389(C)(2)(b). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:522 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1209.Authority of the Administrative Law Judge A.An administrative law judge shall conduct the hearing and review the notice of violation, and may affirm, or dismiss the proposed civil penalty. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389(C). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:523 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1211.Rights of the Responsible Party A.A responsible party has the right to request an administrative hearing to review a notice of violation as provided in R.S. 32:389 and this Chapter. B.Any appeal of the findings of the administrative law judge shall be filed in a state district court with proper venue over the matter. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389(C). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:523 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1213.Failure to Pay A.If a carrier is the responsible party and fails to pay the assessed penalty within 45 calendar days of issuance of the notice, or in the case of an administrative hearing, fails to pay within 30 calendar days of receiving a notice of final judgement, the outstanding penalty amount shall be transmitted to the Office of Motor Vehicles, which shall not renew the registration of the offending vehicle until all fines and fees are paid in full. B.If the driver is the responsible party and fails to pay within the time provided in Subsection A, the department shall transmit the driver’s license number to the office of motor vehicles for suspension. C.Motor carriers shall not be responsible for driver violations. Neither the department nor any law enforcement officer working for the department shall seize a motor vehicle or its registration license plate for failure to pay a fine for a notice of violation. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389(D) and (E). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:523 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: §1215.Reconsideration by Violation Ticket Review Committee Repealed. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389.D. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:523 (March 2002), repealed by the Department of Transportation and Development, Office of Operations, LR 52: §1216.Consideration by Review Panel Repealed. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389 (D). HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:523 (March 2002), LR 33:863 (May 2007), repealed by the Department of Transportation and Development, Office of Operations, LR 52: §1217.Records A.All actions of the department and the administrative law judge which require monetary adjustment of notices of violation shall be recorded and maintained in accordance with the public records law. AUTHORITY NOTE:Promulgated in accordance with R.S. 32:389. HISTORICAL NOTE:Promulgated by the Department of Transportation and Development, Office of Weights, Measures and Standards, LR 22:372 (May 1996), amended LR 28:523 (March 2002), amended by the Department of Transportation and Development, Office of Operations, LR 52: Family Impact Statement In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature the impact of this proposed amendment on the family has been considered. The proposed amendments are not anticipated to have any foreseeable impact on any family as defined by R.S. 49:972(D) or on family formation, stability, and autonomy. Specifically, the implementation of the proposed amendments will have no known or foreseeable effect on: 1.the stability of the family. 2.the authority and rights of parents regarding the education and supervision of their children. 3.the functioning of the family. 4.family earnings and family budget. 5.the behavior and personal responsibility of children. 6.the ability of the family or local government to perform his function. Poverty Impact Statement In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that these proposed Rule changes will have no impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973. Specifically, 1.The amendment of these rules will have no known or foreseeable adverse effect on household income, assets, and financial security. 2.The amendment of these rules will have no known or foreseeable adverse effect on early childhood development and preschool through postsecondary education development. 3.The amendment of these rules will have no known or foreseeable adverse effect on employment and workforce development. 4.The amendment of these rules will have no known or foreseeable effect on taxes and tax credits. 5.The amendment of these rules will have no known or foreseeable effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance. Small Business Analysis The impact of the amendment of these rules on small businesses, as defined in the Regulatory Flexibility Act, has been considered. The proposed amendment of these rules is not expected to have a significant adverse impact on small businesses. The department, consistent with health, safety, environmental, and economic welfare factors, has considered and, where possible, utilized regulatory methods in amending these rules that will accomplish the objectives of the proposed statutes while minimizing the adverse impact of the rules on small businesses. Provider Impact Statement The amendment of these rules is not anticipated to have any known or foreseeable impact on a provider as defined by House Concurrent Resolution No. 170 of the 2014 Regular Session of the Louisiana State Legislature. Specifically: 1.The amendment of these rules does not have any known or foreseeable impact on the staffing level requirements or qualifications required to provide the same level of service. 2.The amendment of these rules does not have any known or foreseeable impact on the total direct and indirect effect on the cost to a provider to provide the same levels of service. 3.The amendment of these rules does not have any known or foreseeable impact on the overall effect on the ability of a provider to provide the same level of service. Public Comments Interested persons may submit written comments to Andrew Barry, General Counsel, Department of Transportation and Development, Office of General Counsel, P.O. Box 94245, Baton Rouge, Louisiana 70804-9245. Mr. Barry is responsible for responding to inquiries regarding this proposed Rule. The deadline for submitting written comments is at 4:30 p.m. on October 12, 2026. Public Hearing Interested persons may submit a written request to conduct a public hearing by U.S. mail to the Office of General Counsel, ATTN: Andrew Barry, General Counsel, P.O. Box 94245, Baton Rouge, Louisiana 70804-9245; however, such request must be received no later than 4:30 p.m. on October 12, 2026. If the criteria set forth in R.S. 49:961(B)(1) are satisfied, the Department of Transportation and Development will conduct a public hearing at 10:30 a.m. on October 28, 2026 in the Auditorium of the Department of Transportation and Development Headquarters, which is located at 1201 Capitol Access Road, Baton Rouge, LA. To confirm whether a public hearing will be held, interested persons should first call Andrew Barry at (225) 242-4665 after October 12, 2026. If a public hearing is to be held, all interested persons are invited to attend and present data, views, comments, or arguments, orally or in writing. Glenn Ledet, Jr. Secretary FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Administrative Review of Notices of Violation I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) The proposed rule changes are not anticipated to result in any implementation costs or savings to state or local governmental units. The proposed rule changes simplify and modernize the existing administrative review process for notices of violations. The Department of Transportation and Development (DOTD) currently processes notices of violation and administrative hearings under R.S. 32:389; the proposed rule changes conform the regulatory text to that existing statutory process and simplify the language. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed amendments are not anticipated to have any effect on revenue collections of the state or local governmental units. Civil penalty amounts, payment obligations, and collection mechanisms for violations are established by R.S. 32:389 and are not altered by the proposed rule changes. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) The proposed rule changes are not anticipated to result in costs to, and may provide a modest benefit to, directly carriers and drivers issued notices of violation. By restating the procedures in plain language and aligning them with the current administrative hearing process under R.S. 32:389, the proposed rule changes make the review and appeal process easier to understand and follow. No new forms or documentation are required. Civil penalty amounts, payment obligations, and collection mechanisms for violations are established by R.S. 32:389 and are not altered by the proposed rule changes. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed amendments are not anticipated to have any effect on competition or employment in either the public or private sectors. Glenn Ledet, Jr.Patrice Thomas SecretaryDeputy Fiscal Officer 2609#067Legislative Fiscal Office