RÉSUMÉ DIGEST
ACT 66 (HB 493) 2017 Regular Session Magee
New law authorizes the La. Dept. of Health (LDH) to conduct a reinspection of any
commercial facility that is subject to regulation and inspection pursuant to existing law
relative to enforcement of the state's sanitary code (R.S. 40:4 and 5).
New 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.
New 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. New 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.
New 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.
New law provides the following definitions for purposes of new law:
(1)"Critical item" has the meaning ascribed in existing 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. New 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.
Except for provisions of new law authorizing a fee to be assessed for a violation which does
not constitute a critical item, effective upon signature of governor (June 3, 2017).
Provisions of new law authorizing a fee to be assessed for a violation which does not
constitute a critical item become effective on March 1, 2018.
(Adds R.S. 40:31.39)