La. Admin. Code tit. 33 § I-361

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

Section I-361 - Interlocutory Review

A. A party seeking review by the secretary of an interlocutory order, decision or ruling shall file a motion for review of the order with the administrative hearings clerk, who shall forward the motion to the secretary.

B. The presiding officer may stay further proceedings to allow a party to seek review of the interlocutory order, decision or ruling.

C. Within five days of receipt of the motion from the administrative hearings clerk, the secretary shall:

1. affirm the interlocutory order, decision or ruling;

2. modify or overrule the order, decision or ruling, stating the factual and legal reasons for his action;

3. remand the matter with instructions to the presiding officer;

4. decline to review the order, decision or ruling; or

5. file with the administrative hearings clerk written notice extending the five-day period.

D. If the secretary fails to act on the motion within the five-day period, or within any extension, as provided in Subsection C of this Section, he shall be deemed to have declined to review the matter.

E. If the secretary declines to review an interlocutory order, decision or ruling, this shall not preclude the mover from raising the matter later in a motion for review by the secretary of a decision on the merits under LAC 33:I.369.

La. Admin. Code tit. 33, § I-361

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:562 (June 1995).

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