§31.38. Office of public health reinspection fees

A. As used in this Section, the following terms and phrases have the meaning ascribed to them in this Subsection:

(1) "Critical item" has the meaning ascribed in the sanitary code, LAC 51:XXIII.101.

(2)(a) "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.

(b) 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 for purposes of this Section.

(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 remains uncorrected after being identified either in an initial inspection or in a reinspection.

B.(1) The department may conduct a reinspection of any commercial facility subject to regulation and inspection by the department pursuant to R.S. 40:4 or 5.

(2) The department shall charge a fee of one hundred fifty dollars 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.

(3) Failure of the owner to pay the fee within thirty days of service shall be grounds for the issuance of an order revoking any permit held by the owner. 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.

(4) The department shall not issue any permit to the owner of an unpermitted facility until any fee for a second or subsequent reinspection is paid.

Acts 2017, No. 66, §1, special eff. date.

NOTE: Acts 2017, No. 66, §2 provides that authorization for assessment of a fee for a violation not constituting a "critical item", as defined in §1 of the Act, is effective March 1, 2018; otherwise provides that the remainder of the Act is effective upon signature of the governor (June 3, 2017).