La. Admin. Code tit. 43 § XV-3135

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

Section XV-3135 - Burden of Proof for Ownership or Control Challenges

A. When the applicant challenges a listing of ownership or control, or a finding of ownership or control made under §3521 G, the applicant must prove by a preponderance of the evidence that he or she either:

1. does not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or

2. did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.

B. In meeting the burden of proof, the applicant must present reliable, credible, and substantial evidence and any explanatory materials to the office. The materials presented in connection with the challenge will become part of the permit file, an investigation file, or another public file. If the applicant requests, the office will hold as confidential any information submitted under this paragraph which is not required to be made available to the public under §6311

C. Materials the applicant may submit in response to the requirements of §3135. B include, but are not limited to:

1. notarized affidavits containing specific facts concerning the duties that the applicant performed for the relevant operation, the beginning and ending dates of ownership or control of the operation, and the nature and details of any transaction creating or severing ownership or control of the operation;

2. certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records;

3. certified copies of documents filed with or issued by any state, municipal, or federal governmental agency;

4. an opinion of counsel, when supported by:

a. evidentiary materials;

b. a statement by counsel that he or she is qualified to render the opinion; and

c. a statement that counsel has personally and diligently investigated the facts of the matter.

La. Admin. Code tit. 43, § XV-3135

Promulgated by the Department of Natural Resources, Office of Conservation, LR 37:2733 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.