La. Admin. Code tit. 33 § XV-113

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-113 - Appeal Procedure, Administrative Review

A. Any person affected by the regulatory actions of the department or administrative authority shall comply with R.S. 30:2024.

B. Applications to Request a Hearing

1. Any person who alleges that he or she has been aggrieved by the final actions or decision of the department or administrative authority may make application to the administrative authority, in writing, within 30 days after the occurrence of the alleged grievance or 30 days after the promulgation of any directive, order, decision or other written decision or declaration of the administrative authority.

2. Applications to the administrative authority requesting a hearing shall be in writing and shall state the following information:

a. name and address of the applicant;

b. nature of the grievance; and

c. names and addresses of any interested parties, that is, parties who have a direct interest in the subject matter for which an application is filed.

C. Notice of the Hearing

1. The applicant and all interested parties shall be mailed a notice of the hearing setting forth the date, place, time, nature of the hearing, statement of the legal authority, and jurisdiction under which the hearing is to be held; reference to the particular sections of the statutes and rules involved; and a statement of the matters asserted.

2. The notice of the hearing shall be published forthwith in the Louisiana Register and the official journal of the parish of the domicile of the applicant with the hearing date to be not less than 15 days after the date of the last publication.

D. The administrative authority either on his or her own motion, or at the suggestion to him or her by the applicant or any interested party, may call a conference of interested parties at any time prior to the hearing, if in his or her opinion such a conference would resolve or narrow the issues in controversy, or assist in the conducting of such a hearing.

E. An opportunity shall be afforded to all parties to respond and present evidence on all issues of fact involved and argument on all issues of law and policy involved and to conduct such direct or cross-examination as may be required for a full and true disclosure of the facts.

F. The hearing will be conducted in accordance with the rules and procedures set forth in R.S. 49:950 et seq., "Administrative Procedure Act."

La. Admin. Code tit. 33, § XV-113

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), LR 19:1421 (November 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2564 (November 2000), amended by the Office of Environmental Assessment, LR 31:44 (January 2005).

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