La. Admin. Code tit. 70 § VII-109

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

Section VII-109 - Filing and Processing of Applications

A. General Procedure

1. Thirty copies of an application shall be filed with the executive director of the authority.

2. After the filing of an application, the executive director shall determine as promptly as reasonably possible, whether or not such application contains all of the information required by these rules and regulations.

3. If the executive director determines that an application appears to contain the information required by these rules and regulations, he shall publish notice of the filing of the application and a summary of the application immediately in the Official Journal of the State of Louisiana, and a newspaper of general circulation in each parish in which the proposed offshore terminal facilities are to be located. A copy of the notice and summary shall also be mailed to all interested parties who have made written request of the authority for such information.

4. If the executive director determines that all the required information is not contained in the application, the executive director shall promptly notify the applicant and, if appropriate, take no further action with respect to the application until such deficiencies have been remedied.

B. Processing

1. The authority may hold such investigatory or adjudicatory hearings as it deems necessary for a proper review and consideration of an application.

2. All outside agency reviews shall be completed not later than 30 days after the filing of the application.

3. The authority's processing of the application shall be approved or disapproved by the authority as soon as possible but not later than 120 days after receipt of the recommendations of the three directors as defined in the Environmental Protection Plan.

4. At any time during an application proceeding, the authority may require an applicant to submit such additional information as the authority deems necessary in order to meet the requirements of these rules and regulations and other applicable law, and to enable the authority to carry out its responsibilities thereunder.

5. An application may be amended or withdrawn at any time before the authority renders a final decision thereon, by submitting 30 copies of the amendment, or a written request for withdrawal, to the executive director. If information in an application becomes inaccurate or incomplete after it is filed but before a final decision is rendered on the application, the applicant shall furnish the correct or additional information.

C. Public Access to Applications

1. All documents filed with the authority as part of an application shall be subject to the provisions of the Louisiana Public Records Law (R.S. 44:1 et seq) and other applicable laws.

2. Appropriate provision will be made, in accordance with applicable law, to protect information that concerns or relates to trade secrets or which is by nature confidential. The environmental assessment and data appendices filed with an application shall be held confidential by the authority for the period of time during which other applications for the same application area may be filed under the Act.

La. Admin. Code tit. 70, § VII-109

Promulgated by the Department of Transportation and Development, Office of Highways, LR 9:425 (June 1983).

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