La. Admin. Code tit. 43 § VI-707

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

Section VI-707 - Right of Appeal

A. Within 30 days of the date of the correspondence regarding Paragraphs 1 and 2 of this Subsection, the applicant may appeal to the Ground Water Resources Commission to determine one of the following:

1. the reasonableness of the commissioner's request, pursuant to Section §705 A; or

2. the justification for the commissioner's well restriction order, pursuant to Section §705. B and C.

B. The appeal shall be addressed to:

Ground Water Resources Commission

Post Office Box 94275

Baton Rouge, LA 70804-9275

ATTN: Chairperson, Ground Water Resources Commission

C. The commission may make a determination within 45 days from the date of the appeal, pursuant to R.S. 38:3097.3.C(4)(b)(iii), regarding the reasonableness of the commissioner's request, pursuant to Subsection A.1 of this Section.

D. The commission may review the appeal of an applicant, pursuant to Subsection A.2 of this Section, and may make a determination regarding the commissioner's well restriction order.

1. The commission may reject the commissioner's order and require the commissioner to reconsider such order.

2. An order that has been returned to the commissioner twice shall be considered a final decision.

E. A final decision of the commissioner may be appealed only to the Nineteenth Judicial District Court as provided by law.

La. Admin. Code tit. 43, § VI-707

Promulgated by the Department of Natural Resources, Office of Conservation, LR 30:1216 (June 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3097 et seq.