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ENROLLED
2026 Regular Session
HOUSE BILL NO. 451
BY REPRESENTATIVE LACOMBE
1 AN ACT
2 To amend and reenact R.S. 26:98, 295, and 919(A), relative to notice of hearings by the
3 office of alcohol and tobacco control of the Department of Revenue; to provide for
4 the timeframe for notice of hearings; to provide for the method of notice of hearings;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:98, 295, and 919(A) are hereby amended and reenacted to read
8 as follows:
9 §98. Notice of hearing by commissioner
10 Whenever the commissioner is to hold a hearing pursuant to the provisions
11 of this Part, he shall issue a written summons or notice thereof to the applicant or
12 permittee, directing him to show cause why his application should not be refused or
13 why his permit should not be suspended or revoked. The notice or summons shall
14 state the time, place, and hour of the hearing, which shall be not less than ten nor
15 more than thirty calendar days from the date of the notice. The notice or summons
16 shall enumerate the cause or causes alleged for refusing the application or for
17 suspending or revoking the permit. When a petition has been filed opposing the
18 issuance of the permit or asking for its suspension or revocation, a copy of the
19 petition shall accompany the notice or summons. All notices or summonses shall be
20 either delivered to the applicant or permittee in person, transmitted by electronic
21 means to the address designated by the permittee, or sent by certified mail to the
22 applicant or permittee and directed to him at the mailing address as given in his last
23 application for the permit. When so addressed and mailed, notices or summonses
24 shall be conclusively presumed to have been received by the applicant or permittee.
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1 Service by electronic means is complete upon transmission unless it is known
2 transmission did not reach the address provided by the permittee.
3 * * *
4 §295. Notice of hearing by commissioner
5 Whenever the commissioner is to hold a hearing pursuant to the provisions
6 of this Part, he shall issue a written summons or notice thereof to the applicant or
7 permittee, directing him to show cause why his application should not be refused or
8 why his permit should not be suspended or revoked. The notice or summons shall
9 state the time, place, and hour of the hearing, which shall be not less than ten nor
10 more than thirty calendar days from the date of the notice. The notice or summons
11 shall enumerate the cause or causes alleged for refusing the application or for
12 suspending or revoking the permit. When a petition has been filed opposing the
13 issuance of the permit or asking for its suspension or revocation, a copy of the
14 petition shall accompany the notice or summons. All notices or summonses shall be
15 either delivered to the applicant or the permittee in person, transmitted by electronic
16 means to the address designated by the permittee, or permittee in person or sent by
17 certified mail to the applicant or permittee and directed to him at the mailing address
18 as given in his last application for the permit. When so addressed and mailed,
19 notices or summonses shall be conclusively presumed to have been received by the
20 applicant or permittee. Service by electronic means is complete upon transmission
21 unless it is known transmission did not reach the address provided by the permittee.
22 * * *
23 §919. Administrative hearings
24 A. When the commissioner holds a hearing pursuant to this Chapter, he shall
25 issue a written summons or notice to the applicant or permittee directing him to show
26 cause why his application should not be refused, or why he should not be assessed
27 a penalty, or why his permit should not be suspended or revoked. The notice or
28 summons shall state the time, place, and hour of the hearing, which shall be not less
29 than ten nor more than thirty calendar days from the day of the notice. The notice
30 or summons shall enumerate the cause or causes alleged for refusing the application
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 451 ENROLLED
1 or for assessing the penalty or suspending or revoking the permit. If a petition has
2 been filed opposing the issuance of the permit or asking for its suspension or
3 revocation, a copy of the petition shall accompany the notice or summons. All
4 notices or summonses shall be either delivered to the applicant or permittee in
5 person, transmitted by electronic means to the address designated by the permittee,
6 or sent by certified mail to the applicant or permittee and directed to him at the
7 mailing address as given in his last application for the permit. When so addressed
8 and mailed, notices or summonses shall be presumed to have been received by the
9 applicant or permittee. Service by electronic means is complete upon transmission
10 unless it is known transmission did not reach the address provided by the permittee.
11 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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are additions.