La. Admin. Code tit. 7 § XXXIX-914

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

Section XXXIX-914 - Suspension and Revocation of Prescribed Burning Certificate (Formerly section 913)

A. In the event that the department determines that the practices and procedures utilized by a certified prescribed burn manager during one or more prescribed burns substantially deviates from accepted practices and procedures for prescribed burning in effect at the time of certification or at the time of the aforesaid prescribed burn or burns, the department shall conduct an adjudicatory hearing in accordance with the Administrative Procedure Act in order to determine whether to suspend or revoke the prescribed burning certificate.

B. All hearings conducted pursuant to this section shall be heard by a three person hearing panel appointed by the commissioner. The commissioner may appoint a hearing officer to conduct the hearing.

C. At the conclusion of the administrative hearing, the hearing panel may recommend that the certified prescribed burn manager's certificate be suspended or revoked. If the panel recommends the certificate be suspended or revoked, it may also recommend that the prescribed burn manager be eligible to have his certificate reinstated after a certain period of time. The hearing panel's recommendation shall be submitted to the commissioner for his determination.

La. Admin. Code tit. 7, § XXXIX-914

Promulgated by the Department of Agriculture and Forestry, Office of Forestry, LR 21:670 (My 1995), amended LR 41:1480 (August 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:17.