La. Admin. Code tit. 43 § XV-1507
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-1507 - Procedures: Initial Processing, Recordkeeping, and Notification RequirementsA.1. Within 30 days of receipt of a petition, the office shall notify the petitioner by certified mail whether or not the petition is complete under §1505. B or C.2. The office shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the office finds there are not any identified coal resources in that area, it shall return the petition to the petitioner with a statement of the findings.3. The office may reject petitions for designations or terminations of designations which are frivolous. Once the requirements of §1505 are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the office pursuant to the procedures of this Chapter.4. When considering a petition for an area which was previously and unsuccessfully proposed for designation, the office shall determine if the new petition presents new allegations of fact. If the petition does not contain new allegations of fact, the office shall not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.5. If the office determines that the petition is incomplete or frivolous, it shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.6. The office shall notify the person who submits a petition of any application for a permit received which proposed to include any area covered by the petition.7. Any petitions received after the close of the public comment period on a permit application relating to the same mine plan area shall not prevent the office from issuing a decision on that permit application. The office may return any petition received thereafter to the petitioner with a statement why the office cannot consider the petition. For the purposes of this Section, close of the public comment period shall mean the close of any informal conference held under §3109, or, if no conference is requested, at the close of the period for filing written comments and objections under §3105-3107B.1. Within three weeks after the determination that a petition is complete, the office shall circulate copies of the petition to, and request submissions of relevant information from, other interested government agencies, the petitioner, intervenors, persons with an ownership interest of record in the property and other persons known to the office to have an interest in the property.2. Within three weeks after the determination that a petition is complete, the office shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the newspaper of largest circulation in the state and in any official state register of public notices.C. Until three days before the office holds a hearing under §1509, any person may intervene in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain and the intervenor's name, address and telephone number.D. Beginning immediately after a complete petition is filed, the office shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the office. The office shall make the record available for public inspection free of charge and copying at reasonable cost during all normal business hours at a central location of the parish or multiparish area in which the land petition is located and at the office.La. Admin. Code tit. 43, § XV-1507
Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.