§ 1170. Penalty for failure to secure workers' compensation insurance; assessment and collection
1170. Penalty for failure to secure workers' compensation insurance; assessment and collection
A. In addition to any other penalty prescribed by law, any employer who fails to secure compensation required by R.S. 23:1168 shall be liable for a civil penalty, to be assessed by the executive director or his designee, of not more than two hundred fifty dollars per employee for a first offense, and liable for a civil penalty of not more than five hundred dollars per employee for a second or subsequent offense ; however, the maximum civil penalty for a first offense shall not exceed ten thousand dollars for all related series of violations. All civil penalties collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).
B. The financial and compliance officer of the office of workers' compensation shall assess and collect any civil penalty incurred under R.S. 23:1170(A) against any employer who fails to provide proof of compliance within fifteen days of notice. In his discretion, the financial and compliance officer may remit, mitigate, or negotiate said penalty if proof of the mitigating circumstances is provided within fifteen days of notice of the assessment. In determining the amount of the penalty to be assessed, or the amount agreed upon in any negotiation, consideration shall be given to the appropriateness of such penalty in light of the life of the business of the employer charged, the gravity of the violation, and the extent to which the employer charged has complied with the provisions of R.S. 23:1168, or has otherwise attempted to remedy the consequences of the said violation. Individual proceedings shall be conducted pursuant to the provisions of R.S. 23:1171.
C. Repealed by Acts 2001, No. 1185, § 10, eff. July 1, 2002.