La. Admin. Code tit. 43 § XV-6731

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

Section XV-6731 - Summary Decision

A. At any time after a proceeding has begun, a party may move for summary decision of the whole or part of a case.

B. The moving party under this Section shall verify any allegations of fact with supporting affidavits, unless the moving party is relying upon depositions, answers to interrogatories, admissions or documents produced upon request to verify such allegations.

C. The commissioner or his authorized representatives may grant a motion under this Section if the record, including the pleadings, depositions, answers to interrogatories, admissions and affidavits, shows that:

1. there is no disputed issue as to any material fact; and

2. the moving party is entitled to summary decision as a matter of law.

D. If a motion for summary decision is not granted for the entire case or for all the relief requested and an evidentiary hearing is necessary, the commissioner or his authorized representatives shall, if practicable, and upon examination of all relevant documents and evidence before him, ascertain what material facts are actually and in good faith controverted. He shall thereupon issue an order specifying the facts that appear without substantial controversy and direct such further proceedings as deemed appropriate.

La. Admin. Code tit. 43, § XV-6731

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).

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