La. Admin. Code tit. 43 § XV-6815

Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-6815 - Procedure if 30-Day Decision Requirement Is Not Waived
A. If the applicant does not waive the 30-day decision requirement of §925. B of the Act, the following special rules shall apply.
1. The applicant shall serve all known parties with a copy of the application simultaneously with the filing of the application with the commissioner. If service is accomplished by mail, the applicant shall inform all known parties by telephone at the time of mailing that an application is being filed and shall inform the commissioner or his authorized representative by telephone that such notice has been given. However, no ex parte communication as to the merits of the proceeding may be conducted with the commissioner or his authorized representative.
2. Any party desiring to file a response to the application for review shall file a written response within five working days of service of the application.
3. If the applicant has requested a hearing, the commissioner or his authorized representative shall immediately upon receipt of the application notify the parties of the time and place of the hearing at least five days prior to the hearing date.
4. The commissioner or his authorized representative may require the parties to submit proposed findings of fact and conclusions of law at the hearing which may be orally supplemented on the record at the hearing.
5. The commissioner or his authorized representative shall make an initial decision. He shall either rule from the bench or the application, orally stating the reasons for his decision or he shall issue a written decision. If the commissioner or his authorized representative makes an oral ruling, his approval of the record of the hearing shall constitute his written decision. The decision of the commissioner or his authorized representative must be issued within 15 days of the filing of the perfected application under §6809
6. If any party desires to appeal to the commissioner, such party shall:
a. if the commissioner or his authorized representative makes an oral ruling, make an oral statement, within a time period as directed by the commissioner or his authorized representative, that decision is being appealed and request that the commissioner or his authorized representative certify the record; or
b. if the commissioner or his authorized representative issues a written decision after the close of the hearing, file a notice of appeal with the commissioner or his authorized representative within two working days of receipt of the commissioner's or his authorized representative's decision.
7. If the decision of the commissioner or his authorized representative is appealed, the commissioner or his authorized representative shall act immediately to issue an expedited briefing schedule, and the commissioner or his authorized representative shall act expeditiously to review the record and issue its decision. The decision of the commissioner or his authorized representative must be issued within 30 days of the date the perfected application is filed.
8. If all parties waive the opportunity for a hearing and the commissioner or his authorized representative determines that a hearing is not necessary, but the applicant does not waive the 30-day decision requirement, the commissioner or his authorized representative shall issue an initial decision on the application within 15 days of receipt of the application. The decision shall contain findings of fact and an order disposing of the application. The decision shall be served upon all the parties and the parties shall have two working days from receipt of such decision within which to appeal to the commissioner. The commissioner shall issue his decision within 30 days of the date the perfected application is filed.
9. If at any time after the initiation of this expedited procedure, the applicant requests a delay or acts in a manner so as to frustrate the expeditious nature of this proceeding or fails to comply with any requirement of §6815, such action shall constitute a waiver of the 30-day requirement of §925. B of the Act.
10. If the applicant seeks to offer witnesses, exhibits or testimony at the hearing in addition to those identified, submitted, described or summarized in the application for expedited review perfected in accordance with the requirements of §6809, upon objection by an opposing party to such offer, the commissioner or his authorized representative may allow such objecting party additional time in order to prepare for cross-examination of unidentified witnesses or to identify and prepare rebuttal evidence or otherwise uncover any additional prejudice which may result to such party. The commissioner or his authorized representative may rule that the running of the 30-day time for decision is stayed for the period of any additional time allowed pursuant to this Subsection or may determine that the applicant has waived his right to the 30-day decision.

La. Admin. Code tit. 43, § XV-6815

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.