RS 3:559.9 Inspections; investigations; confidentiality
§559.9. Inspections; investigations; confidentiality
A. The department may conduct an investigation if it has reason to believe that a violation of this Part or the rules or regulations adopted pursuant to this Part may occur or has occurred. In connection with any such investigation, the department may issue subpoenas to compel the attendance of witnesses or the production of documents and records anywhere in the state. The subpoenas shall be served as provided for the service of subpoenas under the Administrative Procedure Act.
B. The department shall have access, during normal working hours, to any premises where there is reason to believe that aquatic livestock are being produced, maintained, harvested, or marketed. The department may examine any facility and any records relating to the production, maintenance, harvesting, or marketing of aquatic livestock. Entrance on the premises under the provisions of this Subsection shall not be deemed to be criminal trespass under any state law or local ordinance.
C. If any person is found guilty of violating this Part or any rule or regulation adopted pursuant to this Part or is found guilty of a criminal violation as a result of any such investigation, the person found guilty shall reimburse the department the cost of the investigation.
D. The records of investigations conducted under the provisions of this Section shall be confidential and shall not be public records for the purposes of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.
E. The Department of Agriculture and Forestry and the Department of Wildlife and Fisheries are authorized to jointly inspect each facility licensed pursuant to R.S. 3:559.8 to determine that the aquatic livestock and the facility are in compliance with the rules and regulations adopted pursuant to this Part. The two departments shall enter into a memorandum of understanding to delineate the procedures for such inspections.
Acts 2004, No. 865, §1, eff. July 12, 2004.