La. Admin. Code tit. 43 § XI-705

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

Section XI-705 - Hearings, Notice, Conferences and Orders

A. Except as may be provided for hereinafter, no rule, regulation, order or certificate, or change, renewal or extension thereof, provided for in these regulations shall, in the absence of an emergency, be issued except after public hearing held not less than 10 days following the publication of notice in the manner hereinafter prescribed. Provided, however, that the commissioner may by rule exempt from the requirements of this regulation acts or operations for which the issuance of an order after hearing will not be required in the public interest.

B. If the commissioner finds an existing emergency which in his judgment requires the making, changing, renewal, or extension of a rule, regulation, or order without first having a hearing, the emergency rule, regulation, or order shall have the same validity as if a hearing had been held after due notice. The emergency rule, regulation, or order shall remain in force no longer than 15 days from its effective date. In any event, it shall expire when the rule, regulation, or order made after notice and hearing with respect to the same subject matter becomes effective.

C. Public notice shall be given in the following manner.

1. Public notice with respect to all applications for which a public hearing is required shall be given by publication of a notice of said hearing in the official journal of the state of Louisiana not less than 10 days prior to the hearing. Public notice shall be in writing and shall include a statement of the time, place and nature of the hearing and the time within which a response is required, a statement of the legal authority and jurisdiction under which the hearing is to be held, a reference to the particular sections of the statutes, rules and regulations involved, and a concise statement of the matters asserted.

2. The commissioner shall mail a copy of the public notice to the applicant by certified mail. A copy of the public notice, with a copy of the application, shall be mailed by the applicant to all interested parties within two working days of the receipt of said public notice from the commissioner.

3. Notice to owners of land to be traversed by a pipeline, for all purposes under these regulations, shall be sufficient and shall be reasonable notice if mailed to the persons and to the addresses identified in the ad valorem tax records of the parishes as owners of the traversed lands.

D. Interested parties who wish to object to said application or participate in the hearing must file a petition or notice with the commissioner and the applicant within five days following the receipt by such interested parties of notice of the hearing. Petitions or notices filed in connection with the application shall set forth clearly and concisely the facts from which the nature of the interested party's alleged right or interest can be determined, the grounds of the proposed participation, and the position of the interested party in the proceeding so as to fully and completely advise the applicant and the commissioner as to the specific issues of fact or law to be raised concerning public interest, provided however, that the right to participate in a proceeding commenced under this regulation shall not extend to objections directed solely to the matters involving right-of-way including, but not limited to, the public purpose and necessity to be served in an expropriation thereof or the compensation therefor which is a judicial question pursuant to the Constitution of the State of Louisiana 1974, Article 1, Section 4. An interested party who fails to comply with the requirements of this rule, may, at the commissioner's discretion, be precluded from introducing witnesses or from presenting evidence at the hearing; however, any person shall be permitted to make statements confined to his position in the matter.

E. If no objection to the application is timely filed by an interested party in accordance with the provisions of this regulation, it will be unnecessary for the applicant to be present or to be represented at the hearing, and the evidence may be filed by affidavit or in such other form as is acceptable to or permitted by the commissioner who shall render an order based upon the record in the proceeding. Upon objection acceptable to the commissioner, the commissioner may continue the hearing to a later date for the purpose of taking testimony and allowing cross-examination.

F. The commissioner may, either upon his own motion or at the request of an interested party or the applicant, call a conference of the parties to a proceeding at any time if, in his opinion, such conference would resolve or narrow the issues in controversy or assist in the conduct of the hearing.

G. The commissioner shall issue his orders and findings relative thereto or a certificate of public convenience and necessity in a form and in a manner determined by the commissioner. All orders and certificates of the commissioner shall be final, subject to reconsideration on his own motion or upon motion by the applicant or an interested party within 10 days from the date of its entry. Provided, however, an order issued pursuant to this regulation shall expire on its first anniversary date if construction of facilities authorized by said order has not commenced. The commissioner may upon written ex parte request, and for good cause shown, extend the expiration date of said order. The applicant shall give the commissioner timely written notice when the construction authorized under this regulation is first initiated and when completed.

La. Admin. Code tit. 43, § XI-705

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:115 (February 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4(C)(17).