SLS 16RS-464 ORIGINAL
2016 Regular Session
SENATE BILL NO. 215
BY SENATOR CARTER
ADMINISTRATIVE PROCEDURE. Provides relative to appeals by tobacco permit
holders. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 26:920(B) and (C), relative to the office of alcohol and tobacco
3 control; to provide for the procedure for appeal of tobacco dealers; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 26:920(B) and (C) are hereby amended and reenacted to read as
7 follows:
8 ยง 920. Appeal
9 * * *
10 B. Any party aggrieved by a decision of the commissioner to withhold,
11 suspend, or revoke a permit may, within thirty ten days of the notification of the
12 decision, take a devolutive or suspensive appeal to the district court having
13 jurisdiction of the applicant's or permittee's place of business, proposed or actual as
14 the case may be. Such appeals shall be filed in the district courts in the same manner
15 as original suits are instituted therein. The appeals shall be tried de novo. Either party
16 may amend and supplement his pleadings and additional witnesses may be called and
17 heard. When there has been a previous criminal prosecution for the same or a similar
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 215
SLS 16RS-464 ORIGINAL
1 act upon which the refusal, suspension, or revocation of a permit is being considered,
2 evidence of an acquittal, dismissal, or plea of nolo contendere in a court of
3 competent jurisdiction is admissible in the trial of the appeal.
4 C. Within thirty ten calendar days of the signing of the judgment by the
5 district court in any such appeal case, the commissioner or the applicant for a permit
6 or permittee, as the case may be, may file a devolutive or suspensive devolutively
7 appeal of the judgment to the appellate court of proper jurisdiction. These appeals
8 shall be perfected in the manner provided for in civil cases and shall be devolutive
9 or suspensive only. If the district court determines that the decision of the
10 commissioner in withholding, suspending, or revoking the permit was in error, the
11 decision of the commissioner shall not be voided if the commissioner takes an appeal
12 to the court of appeals in the time provided for suspensive appeals.
13 * * *
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor and subsequently approved by the legislature, this Act shall become
17 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
SB 215 Original 2016 Regular Session Carter
Present law provides that any party aggrieved by a decision of the commissioner to withhold,
suspend, or revoke a permit may, within 30 days of the notification of the decision, take a
devolutive or suspensive appeal to the district court having jurisdiction of the applicant's or
permittee's place of business.
Proposed law reduces the time from 30 days to 10 days after proper notification of the
commissioner's decision for an applicant's appeal to a district court having jurisdiction of the
applicant's place of business.
Proposed law removes an applicant's right to a suspensive appeal of the commissioner's
decision and leaves only a devolutive appeal as a remedy.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:920(B) and (C))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.