HLS 10RS-1570 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1124
BY REPRESENTATIVE ELLINGTON
ADMINISTRATION: Requires notices of deficiencies
AN ACT1
To enact Part C of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 49:999.31, relative to regulatory authorities; to require3
regulatory authorities to note deficiencies in inspection reports; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Part C of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of7
1950, comprised of R.S. 49:999.31, is hereby enacted to read as follows:8
PART C. REGULATORY INSPECTIONS AND NOTICES OF DEFICIENCIES9
ยง999.31. Regulatory inspections; notice of deficiencies10
A. Any state department, agency, board, or commission which exercises11
regulatory authority over any segment of society, including professions and12
occupations, and is required to perform inspections in order to ensure compliance,13
shall include in the inspection report deficiencies identified during an inspection.14
Unless otherwise provided by law, the regulatory agency may provide the regulated15
entity or person an opportunity to correct the deficiencies, unless the regulatory16
agency determines that the deficiencies are:17
(1) Committed intentionally.18
(2) Not correctable within a reasonable period of time as determined by the19
agency.20
(3) Evidence of a pattern of noncompliance.21
(4) A risk to any person, the public health, safety or welfare or the22
environment.23 HLS 10RS-1570 ORIGINAL
HB NO. 1124
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. If the regulatory agency allows the regulated person or entity an1
opportunity to correct the deficiencies, the regulated entity or person shall notify the2
agency that it has attempted to correct the deficiencies. Within thirty days of receipt3
of notification from the regulated person or entity, of its attempt to correct the4
deficiencies, the agency shall perform another inspection to determine if the5
deficiencies have been corrected and notify the person or entity as to whether they6
are in substantial compliance. If the agency deems that the regulated person or entity7
has failed to correct the deficiencies or the agency determines the deficiencies have8
not been corrected within a reasonable period of time, the agency may take any9
enforcement action authorized by law or regulations for the deficiencies.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ellington HB No. 1124
Abstract: Requires regulatory authorities to include a report on deficiencies in their
inspection report.
Proposed law requires any state department, agency, board, or commission that regulates any
segment of society and performs inspection in order to ensure compliance to include in their
inspection reports any deficiencies identified.
Proposed law provides that the regulatory may allow regulated persons and entities to correct
the deficiencies, unless it is determined that the deficiencies are:
(1) Committed intentionally.
(2) Not correctable within a reasonable period of time as determined by the agency.
(3) Evidence of a pattern of noncompliance.
(4) A risk to any person, the public health, safety or welfare or the environment.
Proposed law provides that, if allowed, the regulated entity must notify the agency of its
attempt to correct the deficiencies. Provides that within 30 days of that notification, the
agency must perform another inspection to determine if the entity is in substantial
compliance. Provides that if a determination is made that the deficiencies have not been
corrected or the corrections have not been made within a reasonable time, the agency may
take any enforcement action authorized by law or regulation.
(Adds R.S. 49:999.31)