La. Admin. Code tit. 43 § XV-3705

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-3705 - Eligibility for Assistance

A. An applicant is eligible for assistance if he or she:

1. intends to apply for a permit pursuant to the Act;

2. establishes that his or her probable total actual and attributed production from all locations during any consecutive 12-month period either during the term of his or her permit or during the first five years after issuance of his or her permit, whichever period is shorter, will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant:

a. the pro rata share, based upon percentage of ownership of the applicant, of coal produced by operations in which the applicant owns more than a 10 percent interest;

b. the pro rata share, based upon percentage of ownership of the applicant, of coal produced in other operations by persons who own more than 10 percent of the applicant's operation;

c. all coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management; and

d. all coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.

3. is not restricted in any manner from receiving a permit under the permanent regulatory program; and

4. does not organize or reorganize his or her company solely for the purpose of obtaining assistance under the Small Operator Assistance Program.

La. Admin. Code tit. 43, § XV-3705

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 29:1497 (August 2003).

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