reglab/housing_qa huggingface dataset:
LA Rev Stat § 30:2050.18 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.18. Hearing officers; interlocutory order or ruling; judicial review

RS 2050.18 - Hearing officers; interlocutory order or ruling; judicial review A.(1) Upon request of a party, the hearing officer may certify an interlocutory order or ruling for direct review by the Nineteenth Judicial District Court when both of the following conditions are satisfied: (a) The issue involves an important procedural or evidentiary matter on which a substantial difference of opinion exists. (b) Immediate judicial review will materially advance the conclusion of the proceeding or judicial review after the final order or decision would be inadequate. (2) An application for judicial review of a certified interlocutory order or ruling must be filed with the court within five days of the certification. (3) An application for judicial review of the hearing officer's refusal to certify an interlocutory order or decision must also be filed with the court within five days after notice of the refusal. The court may decide the issue sought to be reviewed if it determines that the decision of the hearing officer to refuse to certify the interlocutory order or ruling is not supported and sustainable by a preponderance of evidence as determined by the reviewing court. In the application of this rule, the court shall make its own determination and conclusions of fact by a preponderance of evidence based upon its own evaluation of the record reviewed in its entirety upon judicial review. In the application of the rule, where the agency has the opportunity to judge the credibility of witnesses by first-hand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues. (4) The court shall preferentially consider and decide an interlocutory order or ruling certified for review or an application for review of a hearing officer's refusal to certify an interlocutory order or ruling. B. For good cause, a hearing officer may stay the hearing when an application for judicial review of an interlocutory order or ruling has been filed with the court. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996; Acts 1996, 1st Ex. Sess., No. 86, §1. NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.
LA Rev Stat § 30:2050.19 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.19. Order or decision of the secretary

RS 2050.19 - Order or decision of the secretary A final order or decision of the secretary regarding a permit, compliance order, or penalty assessment shall designate those portions of the record of adjudication on which the secretary relied and shall include findings of fact and conclusions of law. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.20 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.20. Record of decision

RS 2050.20 - Record of decision For matters not handled by the division of administrative law, within the Department of State Civil Service, the secretary shall adopt rules requiring that the record of a decision be assembled in a uniform and consistent order. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1997, No. 17, §1.
LA Rev Stat § 30:2050.21 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.21. Judicial review; appeal

RS 2050.21 - Judicial review; appeal A. An aggrieved person may appeal devolutively a final permit action, a final enforcement action, or a declaratory ruling only to the Nineteenth Judicial District Court. A petition for review must be filed in the district court within thirty days after notice of the action or ruling being appealed has been given. The district court shall grant the petition for review. B. The district court shall promulgate rules of procedure to be followed in taking and lodging appeals. C. The department shall not be required to file an answer to the petition for review. D. In matters not submitted to the division of administrative law, Department of Civil Service, the department shall transmit to the reviewing court the original or a certified copy of the entire record of the decision or action under review within sixty days after service of the petition on the department, or within further time allowed by the court. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. E. If, before the date set for hearing, application is made to the court for leave to present additional information, and it is shown to the satisfaction of the court that the additional information is material and that there was good cause for failure to present it in the proceedings before the department, the court may order that the additional information be taken before the department upon conditions determined by the court. The department may modify its findings and decision by reason of the additional information and shall file that information and any modifications, new findings, or decisions with the reviewing court. F. The provisions of R.S. 49:964(F) and (G), including the standard of review, shall apply to appeals provided in this Section. G. Judicial review, appeals, and other proceedings for injunctive relief regarding environmental permits needed for construction or operation of new facilities or modification of existing facilities, shall be decided by the court summarily and by preference. In no case shall the date for a final decision on the merits of such review or appeals extend beyond the ninetieth day after receipt by the court of the record for adjudication. The court in its discretion may issue further orders consistent with the Code of Civil Procedure to carry out the summary mandate of such reviews or appeals. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996; Acts 1997, No. 857, §1, eff. July 10, 1997; Acts 1997, No. 1143, §1; Acts 2013, No. 108, §1, eff. June 5, 2013. NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.
LA Rev Stat § 30:2050.22 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.22. Judicial review; appeal; stays

RS 2050.22 - Judicial review; appeal; stays A. A respondent may also appeal a penalty assessment suspensively. B. The filing of an appeal does not stay a compliance order, a final permit action, or a declaratory ruling. However, the secretary may grant, or the court may order, a stay with appropriate terms. The court may order a stay of a final permit action only after notice to the department and the permittee and an opportunity for a hearing on the requested stay. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996; Acts 2013, No. 108, §1, eff. June 5, 2013. NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.
LA Rev Stat § 30:2050.23 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.23. Notice

RS 2050.23 - Notice A.(1) Notice to an applicant for a permit, a respondent, a petitioner for a declaratory ruling, or a party to an adjudicatory hearing shall be given by certified mail return receipt requested. (2) Notice to other persons shall be given by ordinary mail. (3) In all cases, notice may be given by delivery. B. When a party is represented by an attorney or has appointed an agent for service of process, notice may be given to the attorney or the agent. C.(1) Notice to an applicant for a permit, a respondent who is a party, an intervenor, a petitioner for a declaratory ruling, or a person who submits a written comment shall be given at the address in the application, the request for a hearing, the request for an intervention, the petition, or the comment. (2) Notice to a respondent prior to becoming a party may be given at the address of the respondent's agent for service of process, or an address filed by the respondent with the secretary of state or with the department. D. Notice given by certified mail return receipt requested is effective when delivered or tendered if delivery is refused. Notice given by ordinary mail is effective when mailed. Notice given by delivery is effective when delivered or tendered if delivery is refused. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.24 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.24. Subpoenas and witnesses; fees; expenses; notice

RS 2050.24 - Subpoenas and witnesses; fees; expenses; notice A. The secretary shall establish fees to be paid by the party for whom a subpoena is issued. The fees shall be sufficient to defray fees and expenses due a witness in a civil proceeding and to reimburse the department for administrative costs of issuing and serving subpoenas. B. Notice of a subpoena may be given by certified mail return receipt requested or by other means authorized by law. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.25 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.25. Powers of the secretary

RS 2050.25 - Powers of the secretary A. The secretary shall adopt rules of procedure implementing the provisions of this Chapter and the applicable provisions of the Administrative Procedure Act. B. The secretary may act personally regarding matters on which this Subtitle authorizes an assistant secretary to act. C. A delegation by the secretary of authority to a hearing officer, a deputy secretary, or an assistant secretary shall be in writing and maintained in a designated place in the department. A delegation is effective until revoked in writing. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.26 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.26. Duties of assistant secretary

RS 2050.26 - Duties of assistant secretary The assistant secretaries may not delegate the duties assigned to them by this Subtitle which require the exercise of deliberative discretion. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.27 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.27. Computation of time

RS 2050.27 - Computation of time The computation of a time period allowed or prescribed in this Chapter is governed by Code of Civil Procedure Article 5059. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.28 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.28. Applicability of the Administrative Procedure Act

RS 2050.28 - Applicability of the Administrative Procedure Act The provisions of this Chapter are supplementary to those of the Administrative Procedure Act and are applicable specifically to the subject matter of agency proceedings within the department and judicial review by appeal of those agency proceedings. In the event of conflict between the provisions of this Chapter and those of the Administrative Procedure Act or other laws, the provisions of this Chapter shall prevail. If this Chapter does not expressly or impliedly provide for a particular situation, the Administrative Procedure Act or other laws are applicable. Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
LA Rev Stat § 30:2050.29 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.29. Mandamus

RS 2050.29 - Mandamus Except for those situations in which R.S. 30:2024(C) and R.S. 30:2050.4(G) apply, whenever this Chapter specifies a deadline for the secretary or authorized assistant secretary to act on a particular matter and the secretary or authorized assistant secretary fails to act by such deadline, then any adversely affected party has the right to a writ of mandamus from the Nineteenth Judicial District Court for the parish of East Baton Rouge, directing the secretary or authorized assistant secretary to act within a period of time to be specified by the court, and if the adversely affected party prevails, the court shall award court costs and attorney fees. Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1997, No. 116, §1.
LA Rev Stat § 30:2050.30 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.30. Bond; exception

RS 2050.30 - Bond; exception No bond shall be required for appeals of actions to the Nineteenth Judicial District Court as provided in this Chapter. Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996. NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.
LA Rev Stat § 30:2050.31 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2050.31. Appeals; district court decisions

RS 2050.31 - Appeals; district court decisions Any party aggrieved by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Court of Appeal, First Circuit. Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996. NOTE: SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.
LA Rev Stat § 30:2051 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2051. Citation

RS 2051 - Citation  This Chapter shall be known and may be cited as the "Louisiana Air Control Law."  Acts 1979, No. 449, §1, eff. Jan. 1, 1980.
LA Rev Stat § 30:2052 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2052. Policy; purpose

RS 2052 - Policy; purpose  The legislature finds and declares that the purity of the air in the environment is a matter of vital concern to the welfare of the people of the state and to promote an environment free from pollution that jeopardizes the health and welfare of the citizens of the state, consistent with sound policies for employment and industrial development, it is necessary to establish an efficient method for the regulation and control of discharge of contaminants into the air resources of the state. The legislature further finds and declares the policy of the state of Louisiana to promote an environment free from noise that endangers the health or welfare of its people. Acts 1979, No. 449, §1, eff. Jan. 1, 1980. Acts 1984, No. 254, §1; Acts 2006, No. 445, §1, eff. June 15, 2006, and §3, eff. July 1, 2007.
LA Rev Stat § 30:2055 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2055. Permits; licenses

RS 2055 - Permits; licenses No person shall conduct any activity which results in the discharge of air contaminants without the appropriate permit or license as required under the regulations of the secretary adopted pursuant to this Chapter. Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1999, No. 348, §1, eff. June 16, 1999.
LA Rev Stat § 30:2055.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2055.1. Sport shooting range; regulation; noise pollution; nuisance

RS 2055.1 - Sport shooting range; regulation; noise pollution; nuisance A.(1) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed, or operated prior to the implementation of any noise control laws, ordinances, rules, or regulations, or if the range is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range and its operation at the time of establishment, construction, or initial operation of the range. (2) Rules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this Section. (3) A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance. B.(1) Except as provided in this Section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's property if the shooting range was established, constructed, or operated as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three years of the date of a substantial change in use. (2) A person who owns property in the vicinity of a shooting range that was established, constructed, or operated after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range. (3) If there has been no shooting activity at a range for a period of two years, resumption of shooting is considered establishment of a new shooting range for purposes of this Section. C.(1) Except as otherwise provided in this Section, this Section does not prohibit a unit of local government from regulating the location and construction of a sport shooting range after the effective date of this Section. (2) Nothing in this Section limits the ability of a local unit of government to regulate noise produced as a result of a substantial change in the use of the range. D. The provisions of R.S. 30:2053(6), (7), (8), and (9) and 2055.1 contained herein shall not alter or otherwise affect lawsuits filed prior to August 15, 1997. Acts 1997, No. 891, §1.
LA Rev Stat § 30:2055.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2055.2. Odor nuisance ordinances

RS 2055.2 - Odor nuisance ordinances A. The governing authority of the city of Shreveport shall have the power to enact ordinances to control and abate odor nuisances. Such ordinances shall provide that no person shall cause or allow the emission of odorous air contaminants from any single source that result in detectable odors. B. The provisions of this Section shall be applicable only to control and abatement of emission of odorous air contaminants by a rendering plant located within the corporate limits of the municipality. For purposes of this Section, "rendering plant" shall mean an establishment primarily engaged in converting waste animal tissue into stable, value-added materials. Rendering can refer generally to any processing of animal byproducts into more useful material, or more narrowly to the rendering of whole animal fatty tissue into purified fats like lard or suet. Acts 2007, No. 340, §1, eff. July 9, 2007; Acts 2011, 1st Ex. Sess., No. 25, §1.
LA Rev Stat § 30:2056 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2056. Variances

RS 2056 - Variances A. The secretary may grant individual variances beyond the limitations prescribed under this Chapter. Such variances may be granted upon presentation of adequate proof that compliance with any provision of this Chapter, with any rule or regulation thereunder, or with any final order or determination of the secretary will result in the practical closing and elimination of any lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the people of the state. B. In determining under what conditions and to what extent a variance from this Chapter or rule or regulation hereunder may be granted, the secretary shall give due recognition to the progress which the person requesting such variance shall have made in controlling or preventing any condition which may have existed as defined by R.S. 30:2053(2). In such case the secretary shall grant such variance conditioned upon such person effecting a partial abatement over a period of time which it shall consider reasonable under the circumstances, or the secretary in conformity with the intent and purpose of this Chapter to protect health and property may prescribe other and different requirements with which the person who receives such variance shall comply. C. Any variance granted pursuant to the provisions of this Section shall be granted for such period of time, not to exceed one year, as shall be specified by the secretary at the time of the granting of such variance. Any variance may be granted by the secretary under the condition that the person who receives it shall make such periodic reports as to the progress which such person shall have made toward compliance with any rule or regulation as to which a variance has been granted. D. Upon the failure of the secretary to take action within sixty days after receipt of a petition for variance pursuant to this Section, or upon the failure of the secretary to enter a final order or determination within sixty days after the final argument regarding such a variance petition in any hearing under this Subtitle, then for all purposes the person affected has a right to a writ of mandamus pursuant to the provisions of Code of Civil Procedure Article 3861 et seq., in the Nineteenth Judicial District Court directing the secretary to make a decision on the variance request within a specified time period. Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1991, No. 260, §1; Acts 1993, No. 570, §2.
LA Rev Stat § 30:2058 (2021)
2021 Louisiana Laws|Revised Statutes|Title 30 - Minerals, Oil, and Gas and Environmental Quality|§2058. Air quality regions; redesignation

RS 2058 - Air quality regions; redesignation No state or local department, agency, or member of the executive branch of the state shall enter into any agreement or compact purporting to bind the state or any region thereof to federal enactments or regulatory devices under the Clean Air Act of 1972, (42 U.S.C. 7401 et seq.) as amended, or any other related enactment, which does or may allow or provide for the federal government unilaterally to redesignate or reclassify any area of the state for the purpose of altering existing ambient air standards without having first satisfied the following minimum procedures: (1) Submitted the proposed agreement or compact to the House Committee on Natural Resources and Environment and the Senate Committee on Environmental Quality for review and comment for a period not to exceed thirty days; (2) Held at least one public hearing, after announcement in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., in each affected parish; (3) Made available for public inspection and comment at least thirty days prior to holding such public meeting, the reasons for the proposed redesignation: (4) Informed all local government agencies in the parishes affected of the details of such proposal by providing a copy of the proposal and a map locating the area or areas under consideration for redesignation, at least thirty days prior to the public hearing scheduled to be held in their respective parishes. Added by Acts 1980, No. 367, §1; Acts 1996, 1st Ex. Sess., No. 36, §1, eff. May 7, 1996; Acts 2008, No. 580, §2.