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)]
HB 493 Original 2017 Regular Session Magee
Abstract: Establishes a reinspection fee to be assessed by the La. Dept. of Health upon facilities
and establishments with sanitary code violations.
Proposed law provides for definitions.
Proposed law authorizes the La. Dept. of Health (LDH) to conduct a reinspection of any commercial
facility subject to regulation and inspection pursuant to present law (R.S. 40:4 or 40:5).
Proposed law requires LDH to charge a fee of $150 to conduct any second or subsequent
reinspection, which shall be assessed to the owner of the reinspected facility by notice served in the
same manner provided for in the sanitary code for service of a notice of violation.
Proposed law provides that any failure of the owner to pay the fee within 30 days of service shall be
grounds for issuance of an order revoking any permit held by the owner. Proposed law further
provides that the order shall be subject to an adjudicatory hearing before the division of
administrative law if requested by the owner within the time limit set forth in the order.
Proposed law provides that LDH shall not issue any permit to the owner of an unpermitted facility
until any fee for a second or subsequent reinspection is paid.
Proposed law provides the following definitions for purposes of proposed law:
(1)"Critical item" has the meaning ascribed in present administrative code, LAC 51:XXIII.101.
(2)"Initial inspection" means any routine, complaint-based, or pre-opening inspection of a
commercial facility conducted to determine compliance with the sanitary code that identifies
either a minimum of five sanitary code violations or a minimum of one sanitary code
violation constituting a critical item that is not corrected during the inspection. Proposed law
stipulates that any reinspection that identifies either a minimum of five sanitary code
violations or a minimum of one sanitary code violation constituting a critical item, and in
which none of the violations were previously identified in the most recent inspection,
constitutes an "initial inspection".
(3)"Reinspection" means any inspection subsequent to an initial inspection conducted to
determine remedial compliance related to any sanitary code violation identified during an
initial inspection. (4)"Second or subsequent reinspection" means any reinspection conducted following a prior
reinspection and that identifies either a minimum of five sanitary code violations or a
minimum of one sanitary code violation constituting a critical item that remain uncorrected
after being identified either in an initial inspection or in a reinspection
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:31.39)