Opinion

Miller v. Louisiana Board of Pharmacy

  • 607 So. 2d 565
  • 1992 La. LEXIS 3617
  • 1992 WL 347725
Court
Supreme Court of Louisiana
Filed
Nov 20, 1992
Status
Published
Cited by
0 cases

The opinion

PER CURIAM.

Application granted in part.

After extensive administrative hearings resulting in relator’s indefinite suspension from the practice of pharmacy, the Louisiana Board of Pharmacy on April 21, 1988 placed relator on probation subject to certain conditions including an “assessment of *566 $7,500.00 plus administrative cost of $250.00 payable prior to reinstatement.”

The Rules of the Louisiana Board of Pharmacy, at the time of the order, authorized the Board to assess “administrative costs as it deems necessary to facilitate the proper administration of its rules and regulations.” There does not appear to be any basis for an “assessment” other than for administrative costs.

Because at least part of the $7,500 “assessment,” in addition to an assessment of administrative costs of $250, appears to be penal in nature, we remand the case to the district court for an evidentiary hearing on the issue and for reconsideration of the judgment impliedly approving the condition of probation.

Otherwise, the application is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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