La. Admin. Code tit. 43 § XI-2905

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

Section XI-2905 - Reinspection, Show Cause Conference (Formerly section 509)

A. Upon expiration of the delay allowed in the letter of noncompliance or modified letter of noncompliance for correcting said probable violation, the operators facilities shall be reinspected and if the operator is found to be in compliance, the enforcement file for said violation will be closed.

B. If upon reinspection the operator is found to be in violation of the statute, rule or regulation for which a letter of noncompliance has been issued, the assistant secretary may:

1. reissue citation to the operator in the form of a letter of noncompliance containing such modifications or extensions of time as the case may warrant;

2. require that the operator attend a show cause conference with the assistant secretary or his agent to review the complaint and the operators effect in resolving or correcting the violation and at the conclusion of said conference the assistant secretary may reissue a modified letter of noncompliance containing such modifications or extensions of time as the case may warrant; or

3. immediately after reinspection or after the show cause conference, initiate one or more enforcement proceedings prescribed by §2907-2913.

C. The show cause conference shall be conducted informally without strict adherence to the rules of evidence. The operator may submit any relevant information, call witnesses on his behalf, and examine the evidence and witnesses against him. No detailed record of said conference shall be prepared but said record shall contain the materials in the enforcement case file pertinent to the issues, relevant submissions of the operator and the written recommendations of the assistant secretary or his agent.

La. Admin. Code tit. 43, § XI-2905

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:601 (September 1986), repromulgated LR 49302 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 and 40:1892.