La. Admin. Code tit. 70 § VII-101

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

Section VII-101 - Statutory Provisions

A.Section 3101(A) of Louisiana Act 444 of 1972, as amended by Act 358 of 1974 (hereinafter called the "Act"), states that one of its objects and purposes is to "license, regulate, (and) supervise offshore terminal facilities within the jurisdiction" of the authority in order to promote the economic welfare of the citizens of Louisiana.

B.Section 3101(B)(6) of the Act states that a purpose of the authority is to "assert and protect Louisiana's economic, social and environmental interest in the development of any offshore terminal facilities outside the state of Louisiana where such development may have an impact upon the state of Louisiana."

C.Section 3103(A) of the Act provides that "the authority shall have exclusive jurisdiction over the authority development program within the coastal waters of Louisiana, the areas of the state extending seaward thereof to the extent of the state's rights thereto, and over such other waters, water bottoms, wetlands and lands within the territorial boundaries of the state necessary to effectuate the purposes" of the Act.

D.Section 3103(C) of the Act grants the authority "exclusive power to own, operate, license or otherwise regulate all offshore terminal facilities within its jurisdiction."

E.Section 3109(A)(4) empowers the authority to "take such actions, promulgate such rules and regulations, and issue such orders, as necessary or appropriate" to carry out the provisions of the Act.

F.Section 3109(A)(6) of the Act empowers the authority "to issue licenses, certificates and permits for the construction of facilities or use of services or facilities subject to the authority's jurisdiction, pursuant to the rules and regulations promulgated by the authority."

G.Section 3109(C)(6) of the Act empowers the authority "to collect tolls and fees."

H.Section 3109(G) of the Act gives the authority "exclusive and plenary power to issue licenses, certificates and permits, and otherwise regulate all phases of the construction and operation by any person of offshore terminal facilities within the jurisdiction of the authority."

I.Section 3114(A) of the Act prohibits any person from constructing or operating, or causing to be constructed or operated, offshore terminal facilities within the jurisdiction of the authority without first obtaining a license or other appropriate authorization from the authority.

J.Section 3114(B) of the Act provides that a license shall issue only if the authority finds that the applicant "is qualified, and that the facilities or operations conform to the provisions" of the Act and "the rules and regulations of the authority and will be consistent with the public interest" declared in the Act. It is further provided that any license so issued or transferred "shall be subject to and contain such reasonable conditions as necessary to carry out the purposes" of the Act.

K.Section 3114(C) of the Act directs the authority to establish qualifications for applicants, including evidence of financial responsibility, as will insure an applicant's ability to comply with the Act and the rules and regulations of the authority.

L.Section 3114(D) of the Act empowers the authority to establish the procedures for submission of applications for the issuance of licenses and shall determine what information must be submitted by the applicant. The authority is further authorized to "impose reasonable filing fees and may require the applicant to reimburse the authority for all expenses incurred in processing the application."

M.Section 3114(E) of the Act provides that the authority "shall determine the length of timing during which a license shall be valid, and the conditions upon which it may be revoked." It is also provided that licenses "may be revoked, suspended, annulled or withdrawn in accordance with the procedures set forth in the Louisiana Administrative Procedure Act."

N.Section 3116 of the Act provides that it is the policy of the Act that the authority development program be pursued so that there is "full coordination and cooperation between agencies and groups that have complementing or overlapping interest and the authority."

La. Admin. Code tit. 70, § VII-101

Promulgated by the Department of Transportation and Development, Office of Highways, LR 9:423 (June 1983).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.