§1511.5. Procedure for enforcement; civil

            A.(1)(a) When the results of the investigation by the supervisory committee indicate that a violation of this Chapter has occurred which is subject to civil penalties, the supervisory committee is authorized to file administrative proceedings to collect the civil penalties provided in R.S. 18:1505.4 or 1505.5.

            (b) Before the supervisory committee files administrative proceedings, the supervisory committee shall:

            (i) Provide the respondent with the final report of the staff of the supervisory committee regarding the investigation of the alleged violation by the respondent.

            (ii) Provide the respondent with an opportunity to submit a brief response to the final report of the staff.

            (iii) Provide the respondent with an opportunity to make a brief statement before the supervisory committee to address the final report of the staff and any factual or legal issues relevant to the alleged violation by the respondent. Such statement may be made in person, by telephone, or by videoconference during executive session of the supervisory committee, unless the respondent requests that his comments be made in open session. Statements made by the respondent in executive session shall not be recorded.

            (2) The provisions of this Section shall not apply to any action for the payment of civil penalties due pursuant to R.S. 18:1505.4 for knowingly failing to file or knowingly failing to timely file, which shall be governed by R.S. 18:1511.4.1.

            (3) These proceedings shall be filed with an adjudicatory panel of the Ethics Adjudicatory Board which shall conduct an adjudicatory hearing in accordance with the Code of Governmental Ethics.

            (4) Except as provided in R.S. 18:1511.7, the respondent may remove these proceedings to the district court of the parish in which the respondent is domiciled. The proceedings shall be by rule to show cause and shall be conducted pursuant to the relevant provisions of the Code of Civil Procedure.

            B. In determining the amount of the civil penalty to be assessed, the Ethics Adjudicatory Board or district court shall take into consideration the reason for the failure to file timely, the reason for failing to disclose required information, the reason for inaccurately disclosing required information, the nature of the office sought by the candidate, the nature of the office or offices supported or opposed by a political committee or other person, the significance of the information undisclosed or inaccurately disclosed to the voting public, whether or not the candidate, the chairman or treasurer of the committee, or other person actually has filed a report or disclosed such information prior to the election or prior to the institution of the administrative proceeding or rule to show cause, the number and frequency of past violations, the amount, the amount that was not disclosed or disclosed untimely in relation to the total contributions received, and the impact of the violation upon any election and the electoral process.

            C. A judgment of a district court assessing such civil penalties may be appealed suspensively to the appropriate court of appeal according to the provisions of the Code of Civil Procedure.

            D. A judgment of a district court assessing civil penalties shall become executory when all delays for appeal have expired according to the Code of Civil Procedure and may be enforced as any other money judgment. However, the proceeds of such civil penalties shall be paid directly to the treasurer of the state of Louisiana.

            Acts 1980, No. 786, §1, eff. Jan. 1, 1981; Acts 1982, No. 266, §1, eff. July 18, 1982; Acts 1988, No. 994, §1, eff. Jan. 1, 1989; Acts 1996, 1st Ex. Sess., No. 66, §1, eff. Jan. 1, 1997; Acts 2012, No. 609, §1, eff. June 7, 2012; Acts 2024, No. 137, §1; Acts 2025, No. 398, §1, eff. June 20, 2025.