La. Admin. Code tit. 43 § XIX-4701

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

Section XIX-4701 - Scope

A. This Chapter establishes a program to expedite the processing of permits, modifications, orders, licenses, registrations, or variances for Office of Conservation applicants who request such services. Expedited processing of an application for a permit, modification, order, license, registration, or variance is an exercise of the discretion of the commissioner and is subject to the availability of resources needed in order to process the permit, modification, order, license, registration, or variance. Applications approved for expedited processing must meet all regulatory requirements, including required public comment periods and any required review by other agencies.

B. Eligibility

1. An application for a permit, modification, order, license, registration, or variance necessary for new construction or continued operations as required by R.S. 30:4 et seq., or regulation for any matter under the jurisdiction of the commissioner of conservation is eligible for expedited processing.

2. Applications for permits, modifications, orders, licenses, registrations, or variances will be considered for expedited processing pursuant to the provisions of this Chapter on a case-by-case basis.

3. A request for expedited processing submitted prior to submittal of the associated application for a permit, modification, order, license, registration, or variance will not be considered.

4. Expedited processing will not be considered for partial review of an application for a permit, modification, order, license, registration, or variance except in accordance with LAC 43:XIX.4703.D.

5. Requests for waivers, exceptions, regulatory interpretations, letters of no further action, review of data and/or work plans, and other miscellaneous letters of response are not eligible for expedited processing.

C. All applications for permits, modifications, orders, licenses, registrations, or variances reviewed under the expedited process are required to meet all applicable standards and technical requirements of permits, orders, modifications, licenses, registrations, or variances reviewed under the standard application review process.

D. Approval of a request for expedited processing in no way guarantees issuance of a decision on the application/permit by the date requested.

E. The commissioner may deny a request for expedited processing for any reason, including but not limited to the following:

1. the applicants failure to pay outstanding fees or penalties;

2. compliance history concerns regarding the applicant;

3. an infeasible date requested for application action;

4. an insufficient maximum amount the applicant is willing to pay;

5. insufficient workforce resources available to assign to the task; or

6. a request not in line with office priorities.

La. Admin. Code tit. 43, § XIX-4701

Promulgated by the Department of Natural Resources, Office of Conservation, LR 412373 (11/1/2015).

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