La. Admin. Code tit. 33 § I-331

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

Section I-331 - Pleadings: Form and Content

A. Pleadings shall:

1. state the name, mailing address, and telephone number of the person causing the pleading to be filed. In instances where the person filing a request for a hearing is represented by another person, that person's name, address, and telephone number shall be included in the request;

2. be legibly written in ink, typewritten, or printed with 1-inch top, bottom, and side margins and shall be on strong durable white paper, no larger than 8 1/2 by 11 inches;

3. be divided into separate numbered paragraphs and double-spaced;

4. state clearly, concisely, and particularly all relevant facts which give rise to and support the relief sought;

5. when appropriate, identify any statute, rule, written statement of law or policy, decision, order, permit, license, or any other regulatory mechanism and the particular aspect of each upon which the pleading relies;

6. state clearly and concisely the relief or action sought;

7. be signed in ink by the party filing same or by his or her duly authorized agent or attorney. The signature of the person signing the document constitutes a certification that he or she has read the document and that, to the best of his or her knowledge, information, and belief, every statement contained in the document is true; and

8. certify that service has been made in accordance with LAC 33:I.335.

B. The heading shall be similar in format to and shall include the information contained in the following example.

STATE OF LOUISIANA
DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF	*
	*
(Name of Respondent, Permit	*	DOCKET NUMBER
Applicant, or Other Matter)	*
(Enforcement Tracking Number)	*
	*
PROCEEDINGS UNDER THE	*
LOUISIANA ENVIRONMENTAL	*
QUALITY ACT	*
R.S. 30:2001 ET SEQ.	*	(Date Filed and
	*	Clerk's Stamp or
	*	Signature)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
[TITLE OF PLEADING]

C. Failure to comply with this Section shall not invalidate the pleadings, but the presiding officer shall have discretion to rule whether pleadings are in substantial compliance with this Section, to require the amendment or supplementation of any pleading, or to take such other action as may be appropriate.

La. Admin. Code tit. 33, § I-331

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:559 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.