reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6823 - Burden of Proof in Suspension or Revocation Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. In proceedings to suspend or revoke a
					 permit, the office shall have the burden of going forward to establish a prima
					 facie case for suspension or revocation of the permit. The ultimate burden of
					 persuasion that the permit should not be suspended or revoked shall rest with
					 the permittee.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6825 - Determination by the Commissioner or His Authorized Representative

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon a
					 determination by the commissioner or his authorized representative that a
					 pattern of violations exists or has existed, pursuant to §6505. A 3, the
					 commissioner or his authorized representative shall order the permit either
					 suspended or revoked. In making such a determination, the commissioner or his
					 authorized representative need not find that all the violations listed in the
					 show cause order occurred, but only that sufficient violations occurred to
					 establish a pattern.
B. If the
					 permit is suspended, the minimum suspension period shall be three working days
					 unless the commissioner or his authorized representative finds that imposition
					 of the minimum suspension period would not further the purposes of the Act.
					 Also, the commissioner or his authorized representative may impose
					 preconditions to be satisfied prior to the suspension being lifted.
C. The decision of the commissioner or his
					 authorized representative shall be issued within 20 days following the date the
					 hearing record is closed by the commissioner or his authorized representative
					 or within 20 days of receipt of the answer, if no hearing is requested by any
					 party and the commissioner or his authorized representative determines that no
					 hearing is necessary.
D. At any
					 stage of a suspension or revocation proceeding being conducted by the
					 commissioner or his authorized representative, the parties may enter into a
					 settlement, subject to the approval of the commissioner or his authorized
					 representative.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6827 - Summary Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. In a
					 proceeding under this Section where the permittee fails to appear at a hearing,
					 the permittee shall be deemed to have waived his right to a hearing and the
					 commissioner or his authorized representative may assume for purposes of the
					 proceeding that:
1. each violation listed in
					 the order occurred;
2. such
					 violations were caused by the permittee's unwarranted failure or were willfully
					 caused; and
3. a pattern of
					 violations exists.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6829 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
					 desiring to appeal the decision of the commissioner or his authorized
					 representative shall have five days from receipt of the commissioner's or his
					 authorized representative's decision within which to file a notice of appeal
					 with the commissioner. The commissioner shall act immediately to issue an
					 expedited briefing schedule. The decision of the commissioner shall be issued
					 within 60 days of the date the hearing record is closed by the commissioner or
					 his authorized representative or, if no hearing is held, within 60 days of the
					 date the answer is filed.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter H - Appeals to the Commissioner › Section XV-6831 - Petition for Discretionary Review of a Proposed Civil Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party may
					 petition the commissioner to review an order or decision disposing of a civil
					 penalty proceeding under §6765
B. A petition under this Section shall be
					 filed on or before 30 days from the date of receipt of the order or decision
					 sought to be reviewed and the time for filing may not be extended.
C. A petitioner under this Section shall list
					 the alleged errors of the commissioner or his authorized representative and
					 shall attach a copy of the order or decision sought to be reviewed.
D. Any party may file with the commissioner a
					 response to the petition for review within 10 days of receipt of a copy of such
					 petition.
E. Not later than 30 days
					 from the filing of a petition under this Section, the commissioner shall grant
					 or deny the petition in whole or in part.
F. If the petition is granted, the rules in
					 §6837 are
					 applicable and the commissioner shall use the point system and conversion table
					 contained in Chapter 69 in recalculating assessments; however, the commissioner
					 shall have authority to waive the civil penalty formula granted in §6779.
					 B.1 If the petition is denied, the decision shall be final.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter H - Appeals to the Commissioner › Section XV-6833 - Notice of Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 aggrieved party may file a notice of appeal from an order or decision disposing
					 of a proceeding under this Chapter, except a civil penalty proceeding under
					 §6765
B. Except in an
					 expedited review proceeding under §6805, or in a suspension or revocation
					 proceeding under §6817, a notice of appeal shall be filed with the
					 commissioner on or before 30 days from the date of receipt of the order or
					 decision sought to be reviewed, and the time for filing may not be
					 extended.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter H - Appeals to the Commissioner › Section XV-6835 - Briefs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless the
					 commissioner orders otherwise, an appellant's brief is due on or before 30 days
					 from the date of receipt of notice by the appellant that the commissioner has
					 agreed to exercise discretionary review authority pursuant to
					 §6831 or a
					 notice of appeal is filed.
B. If
					 any appellate fails to file a timely brief, an appeal under this Chapter may be
					 subject to summary dismissal.
C. An
					 appellate shall state specifically the rulings to which there is an objection,
					 the reasons for such objections, and the relief requested. The failure to
					 specify a ruling as objectionable may be deemed by the commissioner as a waiver
					 of objection.
D. Unless the
					 commissioner orders otherwise, within 20 days after service of appellant's
					 brief, any other party to the proceedings may file a brief.
E. If any argument is based upon the evidence
					 of record and there is a failure to include specific record citations, when
					 available, the commissioner need not consider the arguments.
F. Further briefing may take place by
					 permission of the commissioner.
G.
					 Unless the commissioner provides otherwise, appellant's brief shall not exceed
					 50 typed pages and an appellee's brief shall not exceed 25 typed
					 pages.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter H - Appeals to the Commissioner › Section XV-6837 - Remand

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
					 may remand cases if further proceedings are required.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter H - Appeals to the Commissioner › Section XV-6839 - Final Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 commissioner may adopt, affirm, modify, set aside or reverse any finding of
					 fact, conclusion of law or order.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6901 - How Assessments Are Made

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The office shall review each notice of violation and cessation order in
				  accordance with the assessment procedures described in
				  §6903 to
				  determine whether a civil penalty will be assessed, the amount of the penalty,
				  and whether each day of a continuing violation will be deemed a separate
				  violation for purposes of the total penalty assessed.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6903 - When Penalty Will Be Assessed

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office shall assess a penalty for each cessation order.
B. The office shall assess a penalty for each
				  notice of violation, if the violation is assigned 31 points or more under the
				  point system described in §6905
C. The office may assess a penalty for each
				  notice of violation assigned 30 points or less under the point system described
				  in §6905 In determining whether to assess a penalty, the office shall
				  consider the factors listed in §6905 B
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6905 - Point System for Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office shall use the point system described in this Section to determine the
				  amount of the penalty and, in the case of notices of violation, whether a
				  mandatory penalty should be assessed as provided in §6903 B
B. Points shall be assigned as follows.
1. History of Previous Violations. The office
				  shall assign up to 30 points based on the history of previous violations. One
				  point shall be assigned for each past violation contained in a notice of
				  violation. Five points shall be assigned for each violation (but not a
				  condition or practice) contained in a cessation order. The history of previous
				  violations, for the purpose of assigning points, shall be determined and the
				  points assigned with respect to a particular coal exploration, development or
				  surface coal mining operation. Points shall be assigned as follows.
a. A violation shall not be counted if the
				  notice or order is the subject of pending administrative or judicial review or
				  if the time to request such review or to appeal any administrative or judicial
				  decision has not expired, and thereafter it shall be counted for only one
				  year.
b. No violation for which the
				  notice or order has been vacated shall be counted.
c. Each violation shall be counted without
				  regard to whether it led to a civil penalty assessment.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6907 - Determination of Amount of Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The office shall determine the amount of any civil penalty by converting the
				  total number of points assigned under
				  §6905 to a
				  dollar amount, according to the following schedule.
Points
$
Points
$
Points
$
Points
$
1
20
19
380
37
1,700
55
3,500
2
40
20
400
38
1,800
56
3,600
3
60
21
420
39
1,900
57
3,700
4
80
22
440
40
2,000
58
3,800
5
100
23
460
41
2,100
59
3,900
6
120
24
480
42
2,200
60
4,000
7
140
25
500
43
2,300
61
4,100
8
160
26
600
44
2,400
62
4,200
9
180
27
700
45
2,500
63
4,300
10
200
28
800
46
2,600
64
4,400
11
220
29
900
47
2,700
65
4,500
12
240
30
1,000
48
2,800
66
4,600
13
260
31
1,100
49
2,900
67
4,700
14
280
32
1,200
50
3,000
68
4,800
15
300
33
1,300
51
3,100
69
4,900
16
320
34
1,400
52
3,200
70+
5,000
17
340
35
1,500
53
3,300
18
360
36
1,600
54
3,400
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6909 - Assessment of Separate Violations for Each Day

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office may assess separately a civil
				  penalty for each day from the date of issuance of the notice of violation or
				  cessation order to the date set for abatement of the violation. In determining
				  whether to make such an assessment, the office shall consider the factors
				  listed in §6905 and may
				  consider the extent to which the person to whom the notice or order was issued
				  gained any economic benefits as a result of a failure to comply. For any
				  violation which continues for two or more days and which is assigned more than
				  70 points under §6905 B, the office shall assess a civil penalty for a
				  minimum of two separate days.
B.
				  Whenever a violation contained in a notice of violation or cessation order has
				  not been abated within the abatement period set in the notice or order, a civil
				  penalty of not less than $750 shall be assessed for each day during which such
				  failure continues, except that, if the person to whom the notice or order was
				  issued initiates review proceedings with respect to the violation, the
				  abatement period shall be extended as follows.
1. If suspension of the abatement
				  requirements of the notice or order is ordered in a temporary relief proceeding
				  under §925. C of the Act, after a determination that the person to whom
				  the notice or order was issued will suffer irreparable loss or damage from the
				  application of the requirements, the period permitted for abatement shall not
				  end until the date on which the commissioner issues a final order with respect
				  to the violation in question.
2. If
				  the person to whom the notice or order was issued initiates review proceedings
				  under §926 of the Act with respect to the violation, in which the
				  obligations to abate are suspended by the court pursuant to §926. C of the
				  Act, the daily assessment of a penalty shall not be made for any period before
				  entry of a final order by the court.
3. Such penalty for the failure to abate the
				  violation shall not be assessed for more than 30 days for each such violation.
				  If the permittee has not abated the violation within the 30-day period, the
				  office shall take appropriate action within 30 days to ensure that abatement
				  occurs or to ensure that there will not be a reoccurrence of the failure to
				  abate.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6911 - Waiver of Use of Formula to Determine Civil Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner, upon his own initiative
				  or upon written request received within 15 days of issuance of a notice of
				  violation or a cessation order, may waive the use of the formula contained in
				  §6905 to set
				  the civil penalty, if he or she determines that, taking into account
				  exceptional factors present in the particular case, the penalty is demonstrably
				  unjust. However, the commissioner shall not waive the use of the formula or
				  reduce the proposed assessment on the basis of an argument that a reduction in
				  the proposed penalty could be used to abate violations of the Act, these
				  regulations, or any condition of any permit or exploration approval. The basis
				  for every waiver shall be fully explained and documented in the records of the
				  case.
B. If the commissioner waives
				  the use of the formula, he or she shall use the criteria set forth in
				  §6905. B to determine the appropriate penalty. When the commissioner has
				  elected to waive the use of the formula, he or she shall give a written
				  explanation of the basis for the assessment made to the person to whom the
				  notice or order was issued.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6913 - Procedures for Assessment of Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15 days of service of a notice or
				  order, the person to whom it was issued may submit written information about
				  the violation to the office and to the inspector who issued the notice of
				  violation or cessation order. The office shall consider any information so
				  submitted in determining the facts surrounding the violation and the amount of
				  the penalty.
B. The office shall
				  serve a copy of the proposed assessment and of the worksheet showing the
				  computation of the proposed assessment on the person to whom the notice or
				  order was issued, by certified mail, or by any alternative means consistent
				  with the rules governing service of a summons or complaint under the Louisiana
				  Rules of Civil Procedure, within 30 days of the issuance of the notice or
				  order. If the mail is tendered at the address of that person set forth in the
				  sign required under §5301, or at any address at which that person is in
				  fact located, and he or she refuses to accept delivery of or to collect such
				  mail, the requirements of §6913. B shall be deemed to have been complied
				  with upon such tender.
C. Failure
				  by the office to serve any proposed assessment within 30 days shall not be
				  grounds for dismissal of all or part of such assessment unless the person
				  against whom the proposed penalty has been assessed:
1. proves actual prejudice as a result of the
				  delay; and
2. makes a timely
				  objection to the delay. An objection shall be timely only if made in the normal
				  course of administrative review.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6915 - Procedures for Assessment Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall arrange for a conference
				  to review the proposed assessment or reassessment, upon written request of the
				  person to whom the notice or order was issued, if the request is received
				  within 15 days from the date the proposed assessment or reassessment is
				  mailed.
B.
1. The office shall assign a conference
				  officer to hold the assessment conference. The assessment conference shall not
				  be governed by the Louisiana Administrative Procedure Act regarding
				  requirements for formal adjudicatory hearings. The assessment conference shall
				  be held within 60 days from the date the conference request is received or the
				  end of the abatement period, whichever is later; provided, that a failure by
				  the office to hold such conference within 60 days shall not be grounds for
				  dismissal of all or part of an assessment unless the person against whom the
				  proposed penalty has been assessed proves actual prejudice as a result of the
				  delay.
2. The office shall post
				  notice of the time and place of the conference at the conservation office
				  closest to the mine at least five days before the conference. Any person shall
				  have a right to attend and participate in the conference.
3. The conference officer shall consider all
				  relevant information on the violation. Within 30 days after the conference is
				  held, the conference officer shall either:
a.
				  settle the issues, in which case a settlement agreement shall be prepared and
				  signed by the conference officer on behalf of the office and by the person
				  assessed; or
b. affirm, raise,
				  lower or vacate the penalty.
4. An increase or reduction of a proposed
				  civil penalty assessment of more than 25 percent and more than $500 shall not
				  be final and binding on the commissioner until approved by the conference
				  officer's superior.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6917 - Request for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The person
				  charged with the violation may contest the proposed penalty or the fact of the
				  violation by submitting a petition and an amount equal to the proposed penalty
				  or, if a conference has been held, the reassessed or affirmed penalty, to the
				  commissioner (to be held in escrow as provided in §6917. B) within 30 days
				  from receipt of the proposed assessment or 30 days from the date of service of
				  the conference office's action, whichever is later. The fact of the violation
				  may not be contested if it has been decided in a review proceeding commenced
				  under §6511
B. The
				  commissioner shall transfer all funds submitted under §6917. A to the
				  office, which shall hold them in escrow pending completion of the
				  administrative and judicial review process, at which time it shall disburse
				  them as provided in §6919
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 69 - Civil Penalties › Section XV-6919 - Final Assessment and Payment of Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the person to whom a notice of
				  violation or cessation order is issued fails to request a hearing as provided
				  in §6917, the proposed assessment shall become a final order of the
				  commissioner and the penalty assessed shall become due and payable upon
				  expiration of the time allowed to request a hearing.
B. If any party requests judicial review of a
				  final order of the commissioner, the proposed penalty shall continue to be held
				  in escrow until completion of the review. Otherwise, subject to §6919 C,
				  the escrow funds shall be transferred to the office in payment of the penalty,
				  and the escrow shall end.
C. If the
				  final decision in the administrative and judicial review results in an order
				  reducing or eliminating the proposed penalty assessed under this Chapter, the
				  office shall within 30 days of receipt of the order refund to the person
				  assessed all or part of the escrowed amount, with interest from the date of
				  payment into escrow to the date of the refund at the rate of 6 percent per
				  annum.
D. If the review results in
				  an order increasing the penalty, the person to whom the notice or order was
				  issued shall pay the difference to the office within 15 days after the order is
				  mailed to the person.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 71 - Individual Civil Penalties › Section XV-7101 - When an Individual Civil Penalty May Be Assessed

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in §7101 B, the
				  office may assess an individual civil penalty against any corporate director,
				  officer or agent of a corporate permittee who knowingly and willfully
				  authorized, ordered or carried out a violation, failure or refusal.
B. The office shall not assess an individual
				  civil penalty in situations resulting from a permit violation by a corporate
				  permittee until a cessation order has been issued by the office to the
				  corporate permittee for the violation, and the cessation order has remained
				  unabated for 30 days.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 71 - Individual Civil Penalties › Section XV-7103 - Amount of Individual Civil Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. In determining the amount of an individual
				  civil penalty assessed under §7101, the office shall consider the criteria
				  specified in §918. A of the Act, including:
1. the individual's history of authorizing,
				  ordering or carrying out previous violations, failures or refusals at the
				  particular surface coal mining operation;
2. the seriousness of the violation, failure
				  or refusal (as indicated by the extent of damage and/or the cost of
				  reclamation), including any irreparable harm to the environment and any hazard
				  to the health or safety of the public; and
3. the demonstrated good faith of the
				  individual charged in attempting to achieve rapid compliance after notice of
				  the violation, failure or refusal.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 71 - Individual Civil Penalties › Section XV-7105 - Procedure for Assessment of Individual Civil Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice. The office shall serve on each
				  individual to be assessed an individual civil penalty a notice of proposed
				  individual civil penalty assessment, including a narrative explanation of the
				  reasons for the penalty, the amount to be assessed, and a copy of any
				  underlying notice of violation and cessation order.
B. Final Order and Opportunity for Review.
				  The notice of proposed individual civil penalty assessment shall become a final
				  order of the commissioner 30 days after service upon the individual unless:
1. the individual files within 30 days of
				  service of the notice of proposed individual civil penalty assessment a
				  petition for review with the Office of Conservation, Surface Mining Section,
				  625 North Fourth Street, Baton Rouge, Louisiana; or
2. the office and the individual or
				  responsible corporate permittee agree within 30 days of service of the notice
				  of proposed individual civil penalty assessment to a schedule or plan for the
				  abatement or correction of the violation, failure or refusal.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 71 - Individual Civil Penalties › Section XV-7107 - Payment of Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. No Abatement
				  or Appeal. If a notice of proposed individual civil penalty assessment becomes
				  a final order in the absence of a petition for review or abatement agreement,
				  the penalty shall be due upon issuance of the final order.
B. Appeal. If an individual named in a notice
				  of proposed individual civil penalty assessment files a petition for review,
				  the penalty shall be due upon issuance of a final administrative order
				  affirming, increasing or decreasing the proposed penalty.
C. Abatement Agreement. Where the office and
				  the corporate permittee or individual have agreed in writing on a plan for the
				  abatement of or compliance with the unabated order, an individual named in a
				  notice of proposed individual civil penalty assessment may postpone payment
				  until receiving either a final order from the office stating that the penalty
				  is due on the date of such final order, or written notice that abatement or
				  compliance is satisfactory and the penalty has been withdrawn.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7301 - Who May File

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may
				  file a petition for award of costs and expenses including attorney's fees
				  reasonably incurred as a result of that person's participation in any
				  administrative proceeding under the Act which results in a final order being
				  issued by the commissioner.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7303 - Where to File; Time for Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  petition for an award of costs and expenses including attorneys' fees must be
				  filed with the commissioner within 45 days of receipt of such order. Failure to
				  make a timely filing of the petition may constitute a waiver of the right to
				  such an award.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7305 - Contents of Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. A petition
				  filed under this Section shall include the name of the person from whom costs
				  and expenses are sought and the following shall be submitted in support of the
				  petition:
1. an affidavit setting forth in
				  detail all costs and expenses including attorneys' fees reasonably incurred
				  for, or in connection with, the person's participation in the
				  proceeding;
2. receipts or other
				  evidence of such costs and expenses; and
3. where attorneys' fees are claimed,
				  evidence concerning the hours expended on the case, the customary commercial
				  rate of payment for such services in the area, and the experience, reputation
				  and ability of the individual or individuals performing the services.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7307 - Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  served with a copy of the petition shall have 30 days from service of the
				  petition within which to file an answer to such petition.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7309 - Who May Receive an Award

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Appropriate costs and expenses including attorneys' fees may be awarded:
1. to any person from the permittee, if the
				  person initiates any administrative proceedings reviewing enforcement actions,
				  upon a finding that a violation of the Act, regulations or permit has occurred,
				  or that an imminent hazard existed, or to any person who participates in an
				  enforcement proceeding where such a finding is made if the commissioner
				  determines that the person made a substantial contribution to the full and fair
				  determination of the issues;
2. to
				  any person other than a permittee or his representative from the office, if the
				  person initiates or participates in any proceeding under the Act upon a finding
				  that the person made a substantial contribution to a full and fair
				  determination of the issues;
3. to
				  a permittee from the office when the permittee demonstrates that the office
				  issued an order of cessation, a notice of violation, or an order to show cause
				  why a permit should not be suspended or revoked, in bad faith and for the
				  purpose of harassing or embarrassing the permittee; or
4. to a permittee from any person where the
				  permittee demonstrates that the person initiated a proceeding under §925
				  of the Act or participated in such a proceeding in bad faith for the purpose of
				  harassing or embarrassing the permittee;
5. to the office where it demonstrates that
				  any person applied for review pursuant to §925 of the Act or that any
				  party participated in such a proceeding in bad faith and for the purpose of
				  harassing or embarrassing the government.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7311 - Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. An award under
				  these sections may include:
1. all costs and
				  expenses including attorneys' fees and expert witness fees, reasonably incurred
				  as a result of initiation and/or participation in a proceeding under the Act;
				  and
2. all costs and expenses,
				  including attorneys' fees and expert witness fees, reasonably incurred in
				  seeking the award.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act › Section XV-7313 - Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  aggrieved by a decision concerning the award of costs and expenses in an
				  administrative proceeding under this Act may appeal such award to a court of
				  competent jurisdiction in the state.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 81 - Abandoned Mine Reclamation › Section XV-8101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. To set forth
				  requirements for Louisiana's Abandoned Mine Reclamation Program pursuant to
				  R.S.
				  30:901, et seq. of the Louisiana
				  Statutes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 81 - Abandoned Mine Reclamation › Section XV-8103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  is authorized to administer the requirements of the Act and regulations
				  promulgated thereunder.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 81 - Abandoned Mine Reclamation › Section XV-8105 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  is responsible for exercising the authority delegated to him under the Act
				  including the following:
1. participation in
				  the Federal Abandoned Mine Reclamation Program through the establishment of
				  Louisiana Abandoned Mine Reclamation Program;
2. establishment of the Louisiana Abandoned
				  Mine Reclamation Fund for use in conducting the Louisiana Abandoned Mine
				  Reclamation Program;
3. requesting,
				  receiving and administering grant monies and other monies for use in this
				  program.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 83 - Abandoned Mine Reclamation Fund › Section XV-8301 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  sets forth general responsibilities for administration of Abandoned Mine Land
				  Reclamation Program and procedures for the Abandoned Mine Reclamation Fund to
				  finance such programs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 83 - Abandoned Mine Reclamation Fund › Section XV-8303 - Abandoned Mine Reclamation Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  fund to be known as the Abandoned Mine Reclamation Fund shall be established in
				  the general fund for the purpose of providing monies to administer the
				  Abandoned Mine Reclamation Program. This fund will be managed in accordance
				  with the Federal Office of Management and Budget Circular No. A-102 and
				  applicable state guidelines.
B.
				  Revenue shall include:
1. amounts granted by
				  OSM for purposes of conducting the approved state reclamation plan;
2. monies collected from charges for uses of
				  land acquired or reclaimed with monies from the fund;
3. monies recovered through the satisfaction
				  of liens filed against privately-owned lands;
4. monies recovered from the sale of lands;
				  and
5. such other monies as the
				  state legislature decides should be deposited in the fund for use in carrying
				  out the approved reclamation program including monies collected as fines from
				  violations of the Act or any rule, regulation or order pursuant to the
				  Act.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 85 - General Reclamation Requirements › Section XV-8501 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes land and water eligibility requirements, reclamation project
				  objectives and standards, and project selection factors.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 85 - General Reclamation Requirements › Section XV-8503 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				  of this Chapter apply to all reclamation projects to be carried out with money
				  from the fund and administered by the division.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 85 - General Reclamation Requirements › Section XV-8505 - Eligible Lands and Water

Current through Register Vol. 50, No. 6, June 20, 2024
A. Lands and
				  water are eligible for reclamation activities if:
1. they were mined or affected by mining
				  processes;
2. they were mined prior
				  to August 3, 1977, and left or abandoned in either an unreclaimed or
				  inadequately reclaimed condition; and
3. there is no continuing responsibility for
				  reclamation by the operator, permittee, or agent of the permittee under
				  statutes of the state or federal government, or the state as a result of bond
				  forfeiture. Bond forfeiture will render lands or water ineligible only if the
				  amount forfeited is sufficient to pay the total cost of the necessary
				  reclamation. In cases where the forfeited bond is insufficient to pay the total
				  cost of reclamation, additional monies from the fund may be sought.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 85 - General Reclamation Requirements › Section XV-8507 - Reclamation Objectives and Priorities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reclamation projects shall reflect the
				  priorities set out in §905 of the Act. Reclamation projects should be
				  accomplished in accordance with the office's
Final Guidelines for
				  Reclamation Programs and Projects
(45 FR 14810-14819, March 6,
				  1980).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 85 - General Reclamation Requirements › Section XV-8509 - Contractor Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. To
				  receive moneys from the Fund or Treasury funds provided to uncertified States
				  and Indian tribes under  30 CFR §
											872.29  or to certified states or Indian
				  tribes for coal AML reclamation as required to maintain certification under
				  §411(a) of the federal Act, every successful bidder for an AML contract
				  must be eligible under §3113. G at the time of contract
				  award to receive a permit or be provisionally issued a permit to conduct
				  surface coal mining operations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 87 - Non-Coal Reclamation › Section XV-8701 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes land and water eligibility requirements for non-coal
				  reclamation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 87 - Non-Coal Reclamation › Section XV-8703 - Eligible Lands and Water

Current through Register Vol. 50, No. 6, June 20, 2024
A. Non-coal
				  lands and water are eligible for reclamation if:
1. they were mined or affected by mining
				  processes;
2. they were mined prior
				  to August, 1977, and left or abandoned in either an unreclaimed or inadequately
				  reclaimed condition;
3. all coal
				  related reclamation has been accomplished;
4. there is no continuing responsibility for
				  reclamation by the operator, permittee, or agent of the permittee under
				  statutes of the state or federal government or the state as a result of bond
				  forfeiture. Bond forfeiture will render lands or water ineligible only if the
				  amount forfeited is sufficient to pay the total cost of the necessary
				  reclamation. In cases where the forfeited bond is insufficient to pay the total
				  cost of reclamation, additional monies from the fund may be sought;
5. the reclamation has been requested by the
				  governor;
6. the reclamation is
				  necessary for the protection of the public health and safety;
7. monies are allocated to the state for that
				  specific purpose; and
8. the
				  reclamation is necessary to restore land and water resources and the
				  environment degraded by past mining.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 87 - Non-Coal Reclamation › Section XV-8705 - Requirements for Non-Coal Reclamation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reclamation of eligible non-coal mined
				  lands and waters shall comply with the provisions of §905.4 of the
				  Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 89 - Rights of Entry › Section XV-8901 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes procedures for entry upon lands or property by the office for
				  reclamation purposes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.