La. Admin. Code tit. 43 § XV-1509

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

Section XV-1509 - Procedures: Hearing Requirements

A. Within 10 months after receipt of a complete petition, the office shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be legislative and fact-finding in nature, without cross-examination of witnesses. The office shall make a transcript of the hearing.

1. The office shall give notice of the date, time and location of the hearing to:

a. local, state and federal agencies which may have an interest in the decision on the petition;

b. the petitioner and the intervenors; and

c. any person with an ownership or other interest known to the office in the area covered by the petition.

2. Notice of the hearing shall be sent by certified mail and postmarked not less than 30 days before the scheduled date of the hearing.

C. The office shall notify the general public of the date, time and location of the hearing by placing a newspaper advertisement once a week for two consecutive weeks in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement must begin between four and five weeks before the scheduled date of the public hearing.

D. The office may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

E. Prior to designating any land areas as unsuitable for surface coal mining operations, the office shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources and the impact of such designation on the environment, the economy and the supply of coal.

F. In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

La. Admin. Code tit. 43, § XV-1509

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.