HLS 10RS-3765 ORIGINAL
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Approved
6-14-10
Regular Session, 2010
HOUSE CONCURRENT STUDY REQUEST NO. 5
BY REPRESENTATIVE ELLINGTON
ADMINISTRATION: Requests a study of whether a regulatory agency should provide a
regulated person or business with notification of a deficiency and an opportunity to
correct the deficiency prior to a finding of a violation
A CONCURRENT STUDY REQUEST1
To the House Committee on House and Governmental Affairs and the Senate Committee on2
Senate and Governmental Affairs to meet and to function as a joint committee to3
study whether a regulatory agency should provide a regulated person or business4
with notification of a deficiency and an opportunity to correct the deficiency prior5
to a finding of a violation, and to report the findings of the joint committee to the6
legislature prior to the convening of the 2011 Regular Session of the Legislature of7
Louisiana.8
WHEREAS, there are a number of state departments, agencies, boards, and9
commissions that exercise regulatory authority over certain segments of society, including10
professions and occupations, and that are required to perform inspections; and11
WHEREAS, such regulatory agencies have the authority to determine based on the12
findings of the inspections whether a person or business has violated applicable regulations13
and to impose penalties; and14
WHEREAS, providing a regulated person or business notification of a deficiency and15
an opportunity to correct the deficiency prior to a finding of a violation could be a valuable16
regulatory enforcement alternative where the deficiency was not committed intentionally,17
is correctable within a reasonable period of time, is not evidence of a pattern of18
noncompliance, and does not pose a risk to any person or the environment or to the public19
health, safety, or welfare.20 HLS 10RS-3765 ORIGINAL
HCSR NO. 5
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THEREFORE, the Legislature of Louisiana requests the House Committee on House1
and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs2
to meet and to function as a joint committee to study whether a regulatory agency should3
provide a regulated person or business with notification of a deficiency and an opportunity4
to correct the deficiency prior to a finding of a violation, and to report the finding of the joint5
committee to the legislature prior to the convening of the 2011 Regular Session of the6
Legislature of Louisiana.7
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 HCSR No. 5
Requests the House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs to meet and to function as a joint committee
to study whether a regulatory agency should provide a regulated person or business with
notification of a deficiency and an opportunity to correct the deficiency prior to a finding of
a violation and to report the finding of the joint committee to the legislature prior to the
convening of the 2011 R.S.