La. Admin. Code tit. 25 § I-1119

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1119 - Termination by the State

A. The department may initiate procedures to revoke certification of a cultural district under the following circumstances:

1. the local governing authority fails to submit the required reports and documentation set forth in this Chapter;

2. the local governing authority fails to submit the required reports and documentation timely, accurately, or completely;

3. the mandatory criteria, goals, or objectives are no longer met;

4. a cost-benefit analysis conducted or approved by the department reveals that the cultural district is no longer in the public interest.

5. the local governing authority fails to implement the tax incentives as prescribed in applicable laws and administrative rules.

B. Following adequate public notification and a period for public comment, the department may proceed with the revocation of certification of a cultural district as follows.

1. The department shall provide the public notice of its intent to revoke certification of the cultural district through advertisement in the local journal and through written notice by mail to the local governing authority through its designated contact.

2. The notice shall set forth the facts that warrant termination, the proposed date of termination, and the procedure by which a member of the public may submit comment, feedback, or opposition.

3. Any person who would be aggrieved by the proposed revocation shall have 60 days to request reconsideration of the revocation, which request shall include documentation or other evidence that revocation is not warranted.

4. The department shall issue its final decision no less than ninety days following its initial notice of intent to revoke certification.

5. The effective date of the revocation shall be the date specified in the written notice of intent.

La. Admin. Code tit. 25, § I-1119

Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 34:601 (April 2008), amended LR 36:470 (March 2010).

AUTHORITY NOTE: Promulgated in accordance with Act 298 of the 2007 Regular Session of the Louisiana Legislature.