LAC 55:III.1643. Administrative Penalty Assessment

A. In the event a public tag agent is found to be in violation of R.S. 32:707.2, R.S. 47:531.1 et seq., applicable administrative rules, contract terms or department policy, the Office of Motor Vehicles may impose sanctions. The sanctions shall include, but are not limited to, administrative fines; warnings; suspension or revocation of the public tag agent’s license; removal of the public tag agent or its employee’s departmental connectivity or restriction of security access. In determining the appropriate sanction, the Office of Motor Vehicles will consider the severity of the violation or violations, as well as previous violations of the public tag agent whether sanctions were imposed for the previous violations. B. The following fine schedule shall be used to assess fines to persons, firms, or employees who violate the law, rules or departmental policies governing public tag agents. Penalties will be imposed to persons, firms or employees based on the classification of the offense. Other administrative penalties may also be imposed. Schedule of Fines When citing specific violations, the department will set the fines within the corresponding range. Violation | Fine Amount Failure to remit taxes or fees in accordance with the rules and terms of the PTA contract (§1603) | $25 - $250 Operating as a public tag agent without a contract for each location, with an expired contract, or without a valid surety bond on file with the office of motor vehicles. | $25 - $250 Issuance of more than one temporary registration, T-Marker, to a title applicant in violation of OMV rules and policies.RS 47:532.2 | $25 - $250 Issuing a T-Marker without first collecting all taxes and fees. RS 47:532.2 | $25 - $250 Collecting a convenience fee in excess of the amount authorized in R.S. 47:532.1 | $25 - $250 False information provided on the public tag agent initial or renewal application (§1608) | $25 - $250 Allow unauthorized persons access to information regulated under the driver privacy protection act (§1615) | $25 - $250 (per violation) Changing the ownership of the public tag agent and not reporting in writing to the office of motor vehicles within thirty days from the date of such change. RS 47:532.2 | $25 - $250 Changing the officers or directors of the public tag agent and not reporting in writing to the office of motor vehicles within thirty days from the date of such change. RS 47:532.2 | $25 - $250 The forwarding to the office of motor vehicles by a public tag agent of a document relevant to any authorized transaction that results in a material injury to the public records, or a shortfall in the collection of taxes owed when the public tag agent had knowledge of facts causing such injury or shortfall, and failed to disclose same to the office of motor vehicles. RS 47:532.2 | $25 - $250 Operating a public tag agent from an unapproved location (§1617) | $25 - $250 Failure to secure exterior doors, interior doors separating co-located businesses, windows or sensitive data or materials (§1617) | $25 - $100 Failure to report missing or lost inventory (§1617) | $25 - $100 Failure to report unauthorized access to facility whether or not theft occurred (§1617) | $25 - $100 Failure to install or maintain monitoring service for security cameras (§1617) | $25 - $250 Allow unauthorized access to secure areas of the facility (§1617) | $25 - $250 Operating a public tag agent without a surety bond (§1621) | $25 - $250 Display of signage that does not indicate the status as a public tag agent (§1623) | $25 - $100 Advertisements or social media posts that are in poor taste or negatively reflect on the department (§1623) | $25 - $50 Failure to perform duties outlined in the auto title company or public tag agent contract (§1629) | $25 - $250 Failure to maintain professional liability/errors and omissions insurance (§1635) | $25 - $250 Failure to perform visual exam (§1625) | $25 - $250 Disposal of driver’s license equipment without prior authorization (§1625) | $25 - $250 Dishonored or denied payments for state fees and taxes (§1639) | $25 - $250 Failure to scan all supporting documents for the transaction being process as required in statutory law, rules, OMV policies, or the terms of the contract | $25 - $100 Failure to report data breach or malware attack | $25 - $250 Failure to comply with audit within 90 days of the date the audit becomes final | $25 - $50 Failure to read and sign newly created and updated policies within 5 business days of being notified | $25-$100 Failure to comply with OMV policy and procedures | $25-$250 Failure to perform National Motor Vehicle Title Information System (NMVTIS) check prior to each title issuance on each vehicle transaction | $25 - $100