Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-6777 - Summary DispositionA. In a civil penalty proceeding where the person against whom the proposed civil penalty is assessed fails to comply on time with any prehearing order of the commissioner or his authorized representative, the commissioner or his authorized representative shall issue an order to show cause why: 1. that person would not be deemed to have waived his right to a hearing; and2. the proceedings should not be dismissed.B. If the order to show cause is not satisfied as required, the commissioner or his authorized representative shall order the proceedings summarily dismissed and shall refer the case to the office who shall enter the assessment as the final order of the commissioner.C. Where the person against whom the proposed civil penalty is assessed fails to appear at a hearing, that person will be deemed to have waived his right to a hearing and the commissioner or his authorized representative may assume for purposes of the assessment: 1. that each violation listed in the notice of violation or order occurred; and2. the truth of any facts alleged in such notice or order.D. In order to issue an initial decision assessing the appropriate penalty when the person against whom the proposed civil penalty is assessed fails to appear at the hearing, the commissioner or his authorized representative shall either conduct an ex parte hearing or require the office to furnish proposed findings of fact and conclusions of law.E. Nothing in this Section shall be construed to deprive the person against whom the penalty is assessed of his opportunity to have the office prove the violations charged in open hearing with confrontation and cross-examination of witnesses, except where the person fails to comply with a prehearing order or fails to appear at the scheduled hearing.La. Admin. Code tit. 43, § XV-6777
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.