reglab/housing_qa huggingface dataset:
LA Rev Stat § 30:2050.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.1. Enforcement; policies; list; legal review

RS 2050.1 - Enforcement; policies; list; legal review A. The secretary shall establish policies and procedures to address violations of this Subtitle in a formal and consistent manner. B.(1) The secretary shall maintain a list of all notices of violations, compliance orders, and penalty assessments issued in the preceding three months. The list shall be updated monthly. (2)(a) On a periodic basis, the secretary shall mail a copy of the list, either separately or as part of a department publication, to persons who request that they be placed on the mailing list. (b) The secretary shall publish a list of proposed beneficial environmental projects that have been agreed to by the department and the respondent, including those that are currently out for public comment, on the department's website. The list of proposed beneficial environmental projects shall reflect a cumulative year's record. C. The chief legal officer shall review each proposed compliance order, penalty assessment, suspension of a permit, emergency cease and desist order, settlement or compromise, and other proposed final enforcement action for legal sufficiency. D. A penalty assessment and a compliance order may be consolidated. E. The failure of the secretary to perform the duties imposed by this Section shall not affect the validity of any enforcement action. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999; Acts 2001, No. 1197, §1.
LA Rev Stat § 30:2050.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.2. Enforcement; compliance orders

RS 2050.2 - Enforcement; compliance orders A. When information indicates that a violation has occurred, is occurring, or is about to occur, the assistant secretary for the office of environmental compliance may issue a notice of violation or a compliance order within ten days after the completion of the investigation of the violation. Any notice of violation shall describe with reasonable specificity the nature of the violation and shall advise the respondent that further enforcement action may be taken if compliance is not promptly achieved. The assistant secretary shall notify the respondent of the issuance of the notice of violation or compliance order. B. A compliance order shall: (1) Describe with reasonable specificity the nature of the violation. (2) Establish a time period for achieving compliance with the requirements of this Subtitle. (3) Notify the respondent of the right to an adjudicatory hearing. (4) Advise the respondent that civil penalties may be assessed for a violation. C. The compliance order becomes a final enforcement action when the period of time for filing a request for an adjudicatory hearing lapses without a request being filed. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999.
LA Rev Stat § 30:2050.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.3. Enforcement; notice of violation; penalties

RS 2050.3 - Enforcement; notice of violation; penalties A. The secretary shall establish criteria for the assessment of reasonably consistent department-wide penalties based upon the factors enumerated in this Subtitle. If criteria for a particular violation are not established, the secretary or the assistant secretary for the office of environmental compliance shall exercise discretion in applying the factors enumerated in this Subtitle on the basis of available information. B.(1) When the assistant secretary determines that a violation has occurred for which an assessment of a penalty is under consideration, the assistant secretary shall notify the respondent. (2) The notice shall describe with reasonable specificity the nature of the violation and shall advise the respondent that the assessment of a penalty is under consideration. (3) Written comments may be filed with the assistant secretary regarding the alleged violation and a possible penalty. C.(1) The assistant secretary may issue a penalty assessment ten days after notice of the violation has been given to the respondent. The assistant secretary shall notify the respondent of the assessment. (2) A notice of penalty shall: (a) Describe, with reasonable specificity, the violation that gives rise to the penalty. (b) Indicate the amount of the penalty. (c) Notify the respondent of the right to an adjudicatory hearing. D. The penalty assessment is a final enforcement action when the period of time for filing a request for an adjudicatory hearing lapses without a request being filed. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999.
LA Rev Stat § 30:2050.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.5. Enforcement; final action

RS 2050.5 - Enforcement; final action A. The obligations imposed by an order or assessment are enforceable when the order or assessment becomes a final enforcement action. B. The obligations imposed by a compliance order concerning a community sewer system are enforceable when notice thereof is given to the respondent in accordance with R.S. 30:2050.23. When an adjudicatory hearing on such compliance order has been requested and granted pursuant to R.S. 30:2050.4, such compliance order, or any portions thereof, may be stayed by an administrative law judge in the Division of Administrative Law, Department of Civil Service, pending the outcome of the adjudicatory hearing. When de novo review of a community sewer system compliance order has been applied for and granted by the Nineteenth Judicial District Court pursuant to R.S. 30:2050.4(G), such compliance order, or any portion thereof, may be stayed by a judge of said court, pending the outcome of the de novo review. Such a stay may be issued only upon a showing that failure to comply with the community sewer system compliance order will result in no risk of harm to human health or the environment. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1997, No. 16, §1; Acts 1999, No. 1007, §1.
LA Rev Stat § 30:2050.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.6. Enforcement; informal procedures

RS 2050.6 - Enforcement; informal procedures A. The secretary may establish informal procedures for compliance orders and penalty assessments by rules adopted in accordance with the Administrative Procedure Act. The rules shall specify those types of compliance orders and penalty assessments for which an informal proceeding is adequate to protect the public interest. Informal procedures may be employed only with the consent of the respondent. B. Rules issued under this Section shall, at a minimum, provide for each of the following: (1) An affidavit or other document to establish that a violation occurred. (2) Notice to the respondent of the evidence relied upon to establish the violation. (3) An opportunity for the respondent to present oral, documentary, and physical evidence in opposition to the order or assessment. (4) An opportunity for members of the public to file written comments regarding the contested order or assessment and to attend the informal hearing if one is held. (5) Inclusion of the final enforcement action on the public list. C. An informal proceeding is not governed by the procedures of this Chapter for adjudicatory hearings or the adjudication provisions of the Administrative Procedure Act. D. A compliance order or penalty assessment issued upon conclusion of an informal proceeding is a final enforcement action. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.8. Enforcement; cease and desist orders

RS 2050.8 - Enforcement; cease and desist orders A. When a violation that is endangering or causing significant damage to public health or the environment is occurring or is about to occur, the secretary may issue a cease and desist order to protect public health or the environment. B. A cease and desist order shall: (1) Describe with specificity the activity occurring at the facility or the site that is endangering or causing significant damage to public health or the environment. (2) Identify the specific threat to public health or the environment that the activity presents. (3) Specify the measures that the owner or operator of the facility or the site is directed to undertake immediately in order to abate or to eliminate the danger or the damage to public health or the environment. C. A cease and desist order is effective upon the signing of the order. The respondent shall comply with the order immediately upon receiving knowledge of the order. D. A cease and desist order expires in fifteen days, unless terminated earlier by the Nineteenth Judicial District Court. E. The secretary may file an action in a district court for injunctive relief at the expiration of the cease and desist order. The secretary must establish that a violation is occurring or is about to occur and that the violation is endangering or causing significant damage to public health or the environment. Security is not required. All other provisions of law relative to injunctive relief apply. F.(1) An action for injunctive relief against a cease and desist order shall be brought in the Nineteenth Judicial District Court. Exhaustion of administrative remedies is not a prerequisite to judicial review. (2) The party bringing an action under this Subsection has the burden of demonstrating, by clear and convincing evidence, that the activity specified in the cease and desist order is not endangering or causing significant damage to public health or the environment. G. A cease and desist order is not subject to administrative review. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 1184, §1, eff. July 9, 1999.
LA Rev Stat § 30:2050.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.9. Enforcement; abandonment

RS 2050.9 - Enforcement; abandonment A compliance order or a penalty assessment is abandoned when the department fails to take any steps to obtain final enforcement action for a period of two years after the issuance of an order or an assessment. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.10 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.10. Declaratory rulings

RS 2050.10 - Declaratory rulings A. The secretary shall adopt procedures for the issuance of declaratory rulings on significant matters. The rules must provide for: (1) The form, content, and filing of a petition for a declaratory ruling. (2) The procedural rights of the person seeking a declaratory ruling. (3) The disposition of the petition. (4) A fee, to be paid by the petitioner, sufficient to defray the expenses of issuing the ruling. (5) Concurrence as to legal sufficiency by the chief legal officer. (6) A requirement that the secretary shall maintain, in a place accessible to the public, a list of all petitions for declaratory rulings that have been filed. The list shall identify the petitioner, the matter to be decided and, when applicable, the location of the activity or facility which is the subject of the petition. (7) The right of intervention by aggrieved persons. B. A person having a real and actual interest in the matter for which a declaratory ruling is sought may petition the secretary for a declaratory ruling. The secretary may issue a declaratory ruling as to the applicability of a statute or rule to facts established by affidavit. C. The secretary shall decide within sixty days after the filing of a petition whether a declaratory ruling will be issued. If the secretary determines that a declaratory ruling should not be issued, the petitioner may then proceed under the provisions of the Administrative Procedure Act authorizing an action for a declaratory judgment to determine the validity or applicability of a rule or under the provisions of the Code of Civil Procedure authorizing an action for a declaratory judgment. D. The secretary shall maintain, in a place accessible to the public, a list of petitions for declaratory rulings and of declaratory rulings, and an index to the list. E. The secretary shall notify the petitioner, an intervenor, and a person who requested notice and provided an address. F. A declaratory ruling is a final agency action. G. The secretary may prospectively reverse or modify the declaratory ruling after notice to the petitioner in accordance with rules governing such proceedings. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999.
LA Rev Stat § 30:2050.11 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.11. Adjudicatory hearings, in general; intervention; withdrawal; public hearing

RS 2050.11 - Adjudicatory hearings, in general; intervention; withdrawal; public hearing A. An adjudicatory hearing shall be conducted in accordance with the procedures prescribed in the Administrative Procedure Act. B. An aggrieved person has the right to intervene as a party in an adjudicatory hearing when the intervention is unlikely to unduly broaden the issues or to unduly impede the resolution of the matter under consideration. C.(1) An applicant, a respondent, or other aggrieved person may withdraw a request for an adjudicatory hearing at any time. (2) If all requests are withdrawn, the preliminary permit decision, compliance order, or penalty assessment becomes a final permit or enforcement action. D. When a public hearing is held in conjunction with an adjudicatory hearing, the former shall precede the latter. E. The record of the public hearing held in conjunction with an adjudicatory hearing shall be made available to the parties to the adjudicatory hearing. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.12 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.12. Public hearing; location; public comment; transcript

RS 2050.12 - Public hearing; location; public comment; transcript A. A public hearing may be held in conjunction with an adjudicatory hearing. It shall be conducted in an orderly and expeditious manner. B. A hearing held under this Section shall be held in the parish in which the activity that gives rise to the hearing has occurred, is occurring, or may occur. C. Members of the public may present their oral statements, views, recommendations, opinions, and information at a hearing under this Section. They may file written statements and other documents such as charts, data, tabulations, and recommendations with the person conducting the hearing during the public hearing or after the hearing until the record of the hearing is closed. D. The proceedings of the hearing shall be recorded and either a copy of the recording or a verbatim transcript recording shall be filed in the record of the hearing. All written statements, and other documents such as charts, data, tabulations, and recommendations filed with the person conducting the hearing shall be entered into the record of the hearing. E. The presiding officer shall prepare a summary or report of the hearing and file it in the record of the hearing. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.13 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.13. Hearing officers; employment

RS 2050.13 - Hearing officers; employment The secretary may employ one or more hearing officers to perform such duties relative to adjudications as the secretary assigns to them. A hearing officer shall be a full-time employee in the classified service of the state. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.14 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.14. Hearing officers; qualifications; ethical standards

RS 2050.14 - Hearing officers; qualifications; ethical standards A. A hearing officer for an adjudicatory hearing shall: (1) Have a general knowledge of the contaminants, wastes, and other materials whose interactions with the environment are regulated by this Subtitle. (2) Have a general knowledge of the provisions of this Subtitle and of the rules issued under this Subtitle. (3) Be licensed and admitted to practice law by the Supreme Court of the state of Louisiana and have been actively engaged in the practice of law in this state for a minimum of five years. (4) Hold no public office of or employment by the state or any political subdivision of the state, or any local governmental entity, except an institution of higher education. B. A hearing officer shall comply with the Code of Governmental Ethics. The secretary may prescribe provisions of the Code of Judicial Conduct or other relevant ethical standards that apply to hearing officers. C. The secretary shall adopt rules supplementary to the rules of the State Civil Service Commission to instill public confidence that the department's administrative direction regarding matters such as appointment, classification, promotion, pay, tenure, discipline, removal, hours of duty, travel, parking space, office space and equipment, office procedures, staff assistance, organizational structure, and performance evaluation is not used to influence the decision or recommendation of a hearing officer. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.15 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.15. Hearing officers; powers; contemptuous conduct

RS 2050.15 - Hearing officers; powers; contemptuous conduct A. A hearing officer for an adjudicatory hearing shall have the power to: (1) Administer oaths and affirmations. (2) Receive acknowledgments and affidavits. (3) Order depositions be taken. (4) Hold conferences for the settlement or simplification of a matter. (5) Issue subpoenas requiring the attendance and giving of testimony by witnesses and the production of documentary and other physical evidence. (6) Dispose of interlocutory matters. (7) Conduct and regulate the course of an adjudicatory hearing, rule on offers of proof, receive admissible evidence, make findings of fact and conclusions of law, make recommendations, issue orders, and render decisions. (8) Conduct public hearings held in conjunction with an adjudicatory hearing. (9) Exercise any other power conferred by the Administrative Procedure Act. (10) Exercise any other power conferred by law. B.(1) When a party, the representative of a party, or a witness in an adjudicatory hearing refuses to comply with an order of the hearing officer or acts contemptuously toward the hearing officer, the secretary or a party may apply by summary process to the district court for an appropriate order. (2) The hearing officer may certify the acts that constitute refusal to obey an order or contemptuous conduct to the attorney general who shall apply on behalf of the hearing officer by summary process to the district court for an appropriate order. (3) The court shall preferentially hear an application and enter such order as the court deems proper. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.16 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.16. Hearing officers; orders, recommendations, decisions

RS 2050.16 - Hearing officers; orders, recommendations, decisions A. A hearing officer shall file orders issued and recommendations or decisions rendered by the hearing officer at the conclusion of the hearing in the record of adjudication and with the secretary. The hearing officer shall give notice to each party or the party's counsel of record of such order, recommendation, or decision. B. An order or decision of a hearing officer becomes final thirty days after the last notice is given, without a request for administrative review being filed. However, the secretary may reserve the right to make the final decision. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.17 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.17. Hearing officers; administrative review by secretary

RS 2050.17 - Hearing officers; administrative review by secretary A. A party may only seek review of an order, decision, or ruling of a hearing officer by requesting an administrative review by the secretary. Judicial review of specified interlocutory orders or rulings is governed by R.S. 30:2050.18. B. A request for administrative review shall specify the grounds upon which review is requested. C. Upon timely filing of a request for administrative review, the secretary shall either grant or deny the request within thirty days. The secretary may deny the request or grant the request on one or more of the specified grounds. If the request for administrative review is granted, the secretary shall establish a reasonable briefing schedule considering the exigency of the circumstances. D. When the secretary denies the request for administrative review, the order, decision, or ruling is final. E. When the request for administrative review is granted, the secretary may take any of the following actions: (1) Render an order, decision, or ruling as is supportable by the record. (2) Remand the matter for a new hearing to receive additional evidence. (3) Remand the matter with other instructions. F. The secretary shall render an order, decision, or ruling no later than sixty days after the request for administrative review is granted, except in a matter of such complexity that the secretary determines an additional sixty days is necessary for the review. G. Motions to reconsider a final order, decision, or ruling of the secretary shall be filed within ten days after notice of the final order, decision, or ruling. Every such motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Motions for reconsiderations shall be directed to, and decided by, the secretary and filed with the hearings division. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.