La. Admin. Code tit. 43 § XV-3301

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

Section XV-3301 - Administrative Review

A. Within 30 days after the applicant or permittee is notified of the final decision of the office concerning the application for the permit, revision or renewal thereof, permit, application for transfer, sale or assignment of rights, or concerning an exploration or development operation under §2115, the applicant, permittee or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final decision in accordance with this Section.

1. The office shall commence the hearing within 30 days of such request. This hearing shall be of record, adjudicatory in nature, and no person who presided at an informal conference under §3109 shall either preside at the hearing, or participate in the decision following the hearing, or in any administrative appeal therefrom.

2. The office may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate, pending final determination of the proceeding, if:

a. all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

b. the person requesting that relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding;

c. the relief is not to affect adversely the public health or safety, or cause significant, imminent environmental harm to land, air or water resources;

d. the relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the office.

3. Hearing Authority

a. For the purpose of such hearing, the hearing authority may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence including, but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation operations carried on by the applicant in the general vicinity of the proposed operations.

b. A verbatim record of each public hearing required by this Section shall be made, and a transcript made available on the motion of any party or by order of the hearing authority.

c. Ex parte contacts between representatives of the parties before the hearing authority and the hearing authority shall be prohibited.

4. Within 30 days after the close of the record, the hearing authority shall issue and furnish the applicant, and each person who participated in the hearing, with the written findings of fact, conclusions of law, and order of the hearing authority with respect to the appeal.

5. The burden of proof at such hearings shall be on the party seeking to reverse the decision of the office.

La. Admin. Code tit. 43, § XV-3301

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

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