§ 1171. Civil fine; hearing; appeal

1171. Civil fine; hearing; appeal

A. The financial and compliance officer shall determine from all of the evidence submitted by the employer a fair and equitable resolution of the violation, taking into consideration any mitigating circumstances timely submitted as required by R.S. 23:1170. The financial and compliance officer shall assess, upon examination of the information submitted, a penalty commensurate with the violation so adjudged. However, the employer may provide additional mitigating circumstances or evidence to the financial and compliance officer within ten days of the assessment, and a reevaluation of the penalty shall be conducted. Unless a formal hearing is requested pursuant to the provisions of R.S. 23:1171(B), the penalty shall become final within thirty days of assessment. Upon becoming final, the penalty shall be regarded as any other money judgment and may be pursued for collection as prescribed by law for any other such remedy.

B. An employer may appeal the decision of the financial and compliance officer to the workers' compensation judge in the district in which the business of the employer is located or East Baton Rouge Parish by filing, within thirty days of the date of assessment, a written request for a formal hearing, which request should be filed on a disputed claim form. All appeals to the workers' compensation judge shall be de novo. A final order from a hearing may be appealed to the appropriate court of appeal.

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