reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 7 - Distributions › Section VII-723 - Eligible Rollover Distributions

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Notwithstanding any provision of
				  the plan to the contrary that would otherwise limit a distributee's election
				  under this §723, a distributee may elect, at the time and in the manner
				  prescribed by the employer, to have any portion of an eligible rollover
				  distribution paid directly to an eligible retirement plan specified by the
				  distributee in a direct rollover.
B. Notice. The commission shall, within a
				  reasonable period of time before making an eligible rollover distribution,
				  provide a written explanation to the distributee explaining the following, as
				  amended from time to time by applicable changes to the law:
1. the provisions under which the distributee
				  may have the distribution directly transferred to an eligible retirement plan
				  and that the automatic distribution by direct transfer applies to certain
				  distributions in accordance with §
											401(a)(31)(B) of
				  the Internal Revenue Code;
2. the
				  provision which requires the withholding of tax on the distribution if it is
				  not directly transferred to an eligible retirement plan;
3. the provisions under which the
				  distribution will not be subject to tax if transferred to an eligible
				  retirement plan within 60 days after the date on which the recipient received
				  the distribution;
4. the provisions
				  under which distributions from the eligible retirement plan receiving the
				  distribution may be subject to restrictions and tax consequences which are
				  different from those applicable to distributions from the plan making such
				  distribution.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 7 - Distributions › Section VII-725 - Elections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Elections under
				  this Chapter 7 shall be made in such form and manner as the commission may
				  specify from time to time. To the extent permitted by and in accordance with
				  the Internal Revenue Code, any irrevocable elections as to the form or timing
				  of distributions executed prior to January 1, 2002, are hereby
				  revoked.
AUTHORITY NOTE:
					 Promulgated in accordance with IRC §457 and
					 R.S.
					 42:1301-1308.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 7 - Distributions › Section VII-727 - Practices and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission may adopt practices and procedures applicable to existing and new
				  distribution elections.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. §42:1301-1308 and IRC §457.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 9 - Leave of Absence › Section VII-901 - Paid and Unpaid Leave of Absence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Paid Leave of Absence. If a participant is
				  on an approved leave of absence from the employer with compensation, or on
				  approved leave of absence without compensation that does not constitute a
				  severance from employment within the meaning of IRC §402(d)(4)(A)(iii)
				  which under the employer's current practices is generally a leave of absence
				  without compensation for a period of one year or less, said participant's
				  participation in the plan may continue.
B. Unpaid Leave of Absence. If a participant
				  is on an approved leave of absence without compensation and such leave of
				  absence continues to such an extent that it becomes a severance from employment
				  within the meaning of IRC §402(e)(4)(A)(iii), said participant shall have
				  severed employment with the employer for purposes of this plan. Upon
				  termination of leave without pay and return to active status, the participant
				  may execute a new participation agreement to be effective when permitted by LAC
				  32:VII.313.B of the plan.
AUTHORITY NOTE:
					 Promulgated in accordance with IRC §457 and
					 R.S.
					 42:1301-1308.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 11 - Participant Loans › Section VII-1101 - Authorization of Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission may direct the administrator to make loans to participants on or
				  after the effective date of treasury regulations or other guidance under IRC
				  §457 and to the extent allowable under and in accordance with IRC
				  §457. Such loans shall be made on the application of the participant in a
				  form approved by the administrator and on such terms and conditions as are set
				  forth in this Chapter 11, provided, however, that the administrator may adopt
				  rules or procedures specifying different loan terms and conditions, if
				  necessary or desirable, to comply with or conform to such treasury regulations
				  or other guidance and other applicable law.
AUTHORITY NOTE:
					 Promulgated in accordance with IRC §457 and
					 R.S.
					 42:1301-1308.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 11 - Participant Loans › Section VII-1103 - Maximum Loan Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A. In no event
				  shall any loan made to a participant be in an amount which shall cause the
				  outstanding aggregate balance of all loans made to such participant under this
				  plan exceed the lesser of:
1. $50,000,
				  reduced by the excess (if any) of:
a. the
				  highest outstanding balance of loans from the plan to the participant during
				  the one-year period ending on the day before the date on which the loan is
				  made;
b. over the outstanding
				  balance of loans from the plan to the participant or the beneficiary on the
				  date on which the loan is made; or
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 11 - Participant Loans › Section VII-1105 - Repayment of Loan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each loan shall
				  mature and be payable, in full and with interest, within five years from the
				  date such loan is made, unless:
1. the loan
				  is used to acquire any dwelling unit that within a reasonable time (determined
				  at the time the loan is made) will be used as the principal residence of the
				  participant; or
2. loan repayments
				  are, at the employer's election, suspended as permitted by IRC §414(u)(4)
				  (with respect to qualified military service).
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 13 - Plan Amendment or Termination › Section VII-1301 - Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  may at any time terminate this plan; provided, however, that no termination
				  shall affect the amount of benefits, which at the time of such termination
				  shall have accrued for participants or beneficiaries. Such accrued benefits
				  shall include any compensation deferred before the time of the termination and
				  income thereon accrued to the date of the termination.
B. Upon such termination, each participant in
				  the plan shall be deemed to have revoked his agreement to defer future
				  compensation as provided in LAC 32:VII.311.A as of the date of such
				  termination. Each participant's full compensation on a non-deferred basis shall
				  be restored.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. §42:1301-1308 and IRC §457.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 13 - Plan Amendment or Termination › Section VII-1303 - Amendments to the Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission may also amend the provisions of this plan at any time; provided,
				  however, that no amendment shall affect the amount of benefits which at the
				  time of such amendment shall have accrued for participants or beneficiaries, to
				  the extent of compensation deferred before the time of the amendment and income
				  thereon accrued to the date of the amendment, calculated in accordance with LAC
				  32:VII.505.A and the terms and conditions of the investment options hereunder;
				  and provided further, that no amendment shall affect the duties and
				  responsibilities of the trustee unless executed by the trustee.
B. Copies of Amendments. The administrator
				  shall provide a copy of any plan amendment to any trustee or custodian and to
				  the issuers of any investment options.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. §42:1301-1308 and IRC §457.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 15 - Taxes, Nonassignability and Disclaimer › Section VII-1501 - Tax Treatment of Amounts Deferred

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  It is intended that pursuant to IRC §457, the amount of deferred
				  compensation shall not be considered current compensation for purposes of
				  federal and state income taxation. This rule shall also apply to state income
				  taxation unless applicable state laws provide otherwise. Such amounts shall,
				  however, be included as compensation to the extent required under the Federal
				  Insurance Contributions Act (FICA). Payments under this plan shall supplement
				  retirement and death benefits payable under the employer's group insurance and
				  retirement plans, if any.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. §42:1301-1308 and IRC §457.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 15 - Taxes, Nonassignability and Disclaimer › Section VII-1503 - Nonassignability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is agreed
				  that neither the participant, nor any beneficiary, nor any other designee shall
				  have any right to commute, sell, assign, transfer, or otherwise convey the
				  right to receive any payments hereunder, which payments and right thereto are
				  expressly declared to be nonassignable and nontransferable; and in the event of
				  attempt to assign or transfer, the commission shall have no further liability
				  hereunder, nor shall any unpaid amounts be subject to attachment, garnishment
				  or execution, or be transferable by operation of law in event of bankruptcy, or
				  insolvency, except to the extent otherwise required by law.
B. Qualified domestic relations orders
				  approved by the commission shall be administered as follows.
1.
a. To
				  the extent required under a final judgment, decree, or order made pursuant to a
				  state domestic relations law, herein referred to as a Qualified Domestic
				  Relations Order (QDRO) which is duly filed upon the commission, any portion of
				  a participant's account may be paid or set aside for payment to an alternate
				  payee.
NOTE: For purposes for this §1503, an alternate payee
					 is a person or persons designated by a domestic relations order who may be a
					 spouse, former spouse, or a child of the participant.
b. Where necessary to carry out the terms of
				  such a QDRO, a separate account shall be established with respect to the
				  alternate payee, and such person(s) shall be entitled to make investment
				  selections with respect thereto in the same manner as the participant. All
				  costs and charges incurred in carrying out the investment selection shall be
				  deducted from the account created for the alternate payee making the investment
				  selection.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 15 - Taxes, Nonassignability and Disclaimer › Section VII-1505 - Disclaimer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  makes no endorsement, guarantee or any other representation and shall not be
				  liable to the plan or to any participant, beneficiary, or any other person with
				  respect to:
1. the financial soundness,
				  investment performance, fitness, or suitability (for meeting a participant's
				  objectives, future obligations under the plan, or any other purpose) of any
				  investment option in which amounts deferred under the plan are actually
				  invested; or
2. the tax
				  consequences of the plan to any participant, beneficiary or any other
				  person.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 17 - Employer Participation › Section VII-1701 - Additional Compensation Deferred

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding any other provisions of
				  this plan, the employer may add to the amounts payable to any participant under
				  the plan additional deferred compensation for services to be rendered by the
				  participant to the employer during a payroll period, provided:
1. the participant has elected to have such
				  additional compensation deferred, invested, and distributed pursuant to this
				  plan, prior to the payroll period in which the compensation is earned;
				  and
2. such additional compensation
				  deferred, when added to all other compensation deferred under the plan, does
				  not exceed the maximum deferral permitted by LAC 32:VII.303.A.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part VII - Public Employee Deferred Compensation › Subpart 1 - Deferred Compensation Plan › Chapter 19 - Applicable Terms › Section VII-1901 - Interpretation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Governing Law.
				  This plan shall be construed under the laws of the state of
				  Louisiana.
B.Section 457. This plan
				  is intended to be an eligible deferred compensation plan within the meaning of
				  §
										457 of the Internal Revenue Code,
				  and shall be interpreted so as to be consistent with such Section and all
				  regulations promulgated thereunder.
C. Employment Rights. Nothing contained in
				  this plan shall be deemed to constitute an employment agreement between any
				  participant and the employer and nothing contained herein shall be deemed to
				  give a participant any right to be retained in the employ of the
				  employer.
D. Days and Dates.
				  Whenever time is expressed in terms of a number of days, the days shall be
				  consecutive calendar days, including weekends and holidays, provided, however,
				  that if the last day of a period occurs on a Saturday, Sunday or other holiday
				  recognized by the employer, the last day of the period shall be deemed to be
				  the following business day.
E. Word
				  Usage. Words used herein in the singular shall include the plural and the
				  plural the singular where applicable, and one gender shall include the other
				  genders where appropriate.
F.
				  Headings. The headings of articles, sections or other subdivisions hereof are
				  included solely for convenience of reference, and if there is any conflict
				  between such headings and the text of the plan, the text shall
				  control.
G. Entire Agreement. This
				  plan document shall constitute the total agreement or contract between the
				  commission and the participant regarding the plan. No oral statement regarding
				  the plan may be relied upon by the participant. This plan and any properly
				  adopted amendment, shall be binding on the parties hereto and their respective
				  heirs, administrators, trustees, successors, and assigns and on all designated
				  beneficiaries of the participant.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. §42:1301-1308 and IRC §457.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 1 - Public Notification of Contamination › Section I-101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Chapter is to establish procedures for notifying those members of the
				  public whom the department determines are likely to be adversely affected by a
				  release that poses a significant risk of adverse health effects. This Chapter
				  is in addition to any other requirements to provide notice, and nothing in this
				  Chapter shall be construed to relieve the department or any other person from
				  any other requirement set forth in
Louisiana Administrative
				  Code
, Title 33. Furthermore, nothing in this Chapter shall prevent the
				  responsible party, or the department, from providing additional means for
				  public information and participation consistent with the provisions of this
				  Chapter or any other Chapter of the
Louisiana Administrative
				  Code
, Title 33.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 1 - Public Notification of Contamination › Section I-103 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to releases that exceed the applicable federal or state health and
				  safety standard and pose a significant risk of adverse human health
				  effects.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 1 - Public Notification of Contamination › Section I-105 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  These regulations shall become effective on October 20, 2003. These regulations
				  are only applicable to releases that occur on or after October 20,
				  2003.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 1 - Public Notification of Contamination › Section I-107 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms used in this Chapter shall have the meanings listed below, unless the
				  context otherwise requires, or unless specifically redefined in a particular
				  Section.
Administrative Authority
- the Secretary
					 of the Department of Environmental Quality or his designee or the appropriate
					 assistant secretary or his designee.
Applicable Federal or State Health and Safety
					 Standard
- those health and/or safety standards promulgated under
					 federal or state health or safety laws or other universally accepted health or
					 safety standards that the department, based on its knowledge and expertise,
					 reasonably determines are applicable to a particular release and release site.
					 Examples of
applicable federal or state health and safety
					 standards
include, but are not limited to:
a. USEPA maximum contaminant level (MCL) in a drinking
					 water well or aquifer. MCLs are not applicable for non-potable groundwater or
					 surface water;
b. Louisiana primary ambient air quality standards (LAC
					 33:III.Chapter 7); and
c. Agency for Toxic Substances and Disease Registry (ATSDR)
					 minimal risk levels (MRLs) for air.
Corrective Action
- activities conducted
					 to protect human health and the environment.
Department
- the Department of
					 Environmental Quality.
Off-Site
- areas beyond the property
					 boundary of the release site.
Person
- any individual, municipality,
					 public or private corporation, partnership, firm, the state of Louisiana,
					 political subdivision of the state of Louisiana, the United States government,
					 and any agent or subdivision thereof or any other juridical person, which shall
					 include, but not be limited to, trusts, joint stock companies, associations,
					 commissions, and interstate bodies.
Release
- the accidental or intentional
					 spilling, leaking, pumping, pouring, emitting, escaping, leaching, or dumping
					 of hazardous substances or other pollutants into or on any land, air, water, or
					 groundwater. A release shall not include a federal or state permitted release
					 or other release authorized by the department.
Release Site
- area within the property
					 boundary of the site where the release has occurred.
Responsible Party
- any person required by
					 law or regulation to undertake corrective action at a site.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  establishes procedures for regulating adjudications when a request for an
				  adjudicatory hearing has been granted or an adjudicatory hearing has otherwise
				  been scheduled by the administrative authority. All adjudications shall be
				  governed by the Louisiana Environmental Quality Act,
				  R.S.
				  30:2001 et seq., the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et seq., and this Chapter. This
				  Chapter also establishes procedures for related matters such as, but not
				  limited to appeals and denials of requests for hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-305 - Rescission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  portions of the Rules of Procedure of the Louisiana Environmental Control
				  Commission dated July 22, 1980, and effective August 20, 1980, are hereby
				  rescinded:
1.Sections 5.0 8;
2.Sections 6.0 5;
3.Section 7. 0; and
4.Sections 8. 0
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-307 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				  of these rules and regulations, or the application thereof, is held to be
				  invalid, the remaining provisions of these rules and regulations shall not be
				  affected, so long as they can be given effect without the invalid provision. To
				  this end, the provisions of these rules and regulations are declared to be
				  severable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-309 - Conflicts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  otherwise required by statutory law, this Chapter shall exclusively govern
				  procedures used in adjudications. This Chapter supersedes all rules in conflict
				  herewith.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-311 - Hearing Officers: Delegation of Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise directed by the secretary
				  in writing, when hearing officers hired pursuant to
				  R.S.
				  30:2018 are assigned a matter, they are
				  hereby delegated the authority to perform the functions of the presiding
				  officer and hearing officer as set forth in this Chapter, the Louisiana
				  Environmental Quality Act,
				  R.S.
				  30:2001 et seq., and the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq. Except as provided in
				  Subsection B of this Section, hearing officers are authorized to conduct
				  hearings, issue interlocutory rulings, make findings of fact and conclusions of
				  law, and render decisions on the merits.
B. In permit actions the hearing officers are
				  authorized to conduct hearings, issue interlocutory rulings, and make findings
				  of fact, conclusions of law, and recommendations on the merits for submission
				  to the administrative authority for a decision.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-313 - Presiding Officer: Regulating Adjudications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The presiding officer shall have the
				  authority to regulate the course of the proceedings and maintain
				  order.
B. If any party fails to
				  file briefs, memoranda, pleadings, or other documents as required; fails to
				  appear at or participate in any conference, hearing, or other proceeding; fails
				  to comply with the rules of this Chapter; or fails to comply with an order of
				  the presiding officer, the presiding officer may take such appropriate measures
				  in response to the party's action or omission as are necessary to maintain
				  order and regulate the course of the proceedings, including but not limited to
				  such measures as are specifically provided elsewhere in this Chapter.
C. The time and place for adjudicatory
				  proceedings shall be fixed by the presiding officer and reasonable notice
				  thereof shall be provided to all parties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-315 - Administrative Hearings Clerk

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The administrative authority shall designate a person to serve as the
				  administrative hearings clerk who shall be the official custodian of
				  adjudicatory records. The clerk shall maintain the adjudicatory records
				  separately from other records of the department.
B. The administrative hearings clerk, or
				  his/her designee, is authorized to:
1.
				  certify copies of official documents in his/her custody;
2. ensure distribution of all decisions,
				  recommendations, orders, subpoenas, and notices issued by the presiding officer
				  or secretary; and
3. perform other
				  duties as assigned by the administrative authority and the administrative
				  hearings division administrator.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-317 - Requests for Adjudicatory Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests for Adjudicatory Hearings
				  Pursuant to
				  R.S.
				  30:2024(A).
1. An applicant or respondent may request an
				  adjudicatory hearing on a permit or enforcement action under
				  R.S.
				  30:2024(A) by filing the
				  request with the administrative hearings clerk within the time period allowed
				  by
				  R.S.
				  30:2024(A).
a. Failure to file a hearing request timely
				  shall result in summary dismissal of the request.
b. Failure to file a hearing request directly
				  with the administrative hearings clerk shall not invalidate the filing,
				  provided the item is filed timely with the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-319 - Docket Number

Current through Register Vol. 50, No. 6, June 20, 2024
A. At
				  the time a request for hearing is filed, it shall be assigned a docket number
				  by the administrative hearings clerk. The docket number shall be used on all
				  subsequent pleadings filed in the case. The fact that a request for hearing is
				  docketed does not constitute a determination as to whether the request is
				  granted nor as to its sufficiency or validity.
B. Any amendment or supplement of an agency
				  action on which a request for hearing has been granted becomes a part of the
				  original action, and a new request for hearing is unnecessary. The amendment or
				  supplement shall bear the same docket number as the original action.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-321 - Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties in
				  adjudications may include:
1. the
				  department;
2. the respondent,
				  applicant, or permittee; and
3. an
				  intervenor or other aggrieved person.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-323 - Intervention

Current through Register Vol. 50, No. 6, June 20, 2024
A. An aggrieved
				  person has the right to intervene as a party in an adjudicatory hearing,
				  provided the proper petition for intervention is filed at least 15 days prior
				  to the adjudicatory hearing and such intervention is not likely to create an
				  undue broadening of the issues or otherwise unduly impede the resolution of the
				  matter.
B. If more than one person
				  or entity with the same or similar interests seeks to intervene, the presiding
				  officer may require them to designate a representative to participate on their
				  behalf. If, during the course of an adjudication, the interest of an intervenor
				  diverges from that of the designated representative, the presiding officer may
				  allow that intervenor to participate through a separate
				  representative.
C. A petition for
				  intervention shall comply with the requirements of LAC 33:I.331 and shall also
				  state all facts necessary to demonstrate that the petitioner is an aggrieved
				  person.
D. Upon good cause shown
				  and with permission of the presiding officer, persons with timely and properly
				  pending petitions for intervention may be considered parties for the limited
				  purposes of discovery, exchanges of information, prehearing conferences,
				  service of pleadings, and other such purposes as allowed by the presiding
				  officer, provided no prejudice is shown to existing parties.
E. Unless otherwise ordered by the presiding
				  officer, opposition by parties to a petition for intervention must be filed
				  with the administrative hearings clerk within 10 days after service on the
				  parties of the petition and shall be served on the petitioner and all parties
				  in accordance with these rules.
F.
				  In those cases where any conference or preliminary hearing was held prior to
				  the intervenor's petition, the presiding officer shall require that the
				  intervenor be bound by any previously issued orders or schedules unless the
				  intervenor can show good cause for modification of such orders or schedules or
				  the presiding officer determines that justice requires modification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-325 - Consolidation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When two or more
				  adjudications involving a common issue or issues of law or fact are separately
				  pending before the department, the presiding officer, upon his own motion or
				  that of any party, at any time prior to the adjudicatory hearing, may order the
				  consolidation of the matters or may order a joint hearing on any of the common
				  issues. If the matters are pending before two or more presiding officers, the
				  approval of each presiding officer is required. The matter with the higher
				  docket number shall be transferred to the presiding officer to whom the matter
				  with the lower docket number was assigned.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-327 - Separation of Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Upon his own motion or that of any party, the presiding officer may separate
				  actions which were cumulated or consolidated if he finds that separation would
				  simplify the proceedings, would permit a more orderly disposition of the
				  matter, or would otherwise be in the interest of justice.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-329 - Ex Parte Communication and Recusation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Ex parte communication is governed by
				  R.S.
				  49:950 et seq.
B. Recusation
1. Recusation of a Presiding Officer
a. Any motion by a party requesting recusal
				  of a presiding officer pursuant to
				  R.S.
				  49:950 et seq., shall be filed in the
				  adjudicatory record promptly upon discovery of the alleged disqualification
				  with a copy served personally or by mail upon the presiding officer. The motion
				  shall be accompanied by an affidavit (with any supporting documentation)
				  stating with particularity the grounds upon which it is claimed that a fair and
				  impartial hearing cannot be accorded. This motion shall be filed prior to the
				  adjudicatory hearing unless the party discovers the facts constituting the
				  grounds for recusation thereafter, in which event it shall be filed immediately
				  after the facts are discovered, but prior to a decision or
				  recommendation.
b. If a valid
				  ground for recusation is set forth in the motion and supporting affidavit and
				  documents, the presiding officer shall either promptly recuse himself or refer
				  the motion to the secretary for a decision, notwithstanding the requirements of
				  LAC 33:I.361. The issue shall be determined promptly by the
				  secretary.
c. Upon the entry of an
				  order of disqualification affecting a presiding officer, the secretary shall
				  assign another presiding officer or conduct the hearing himself.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-331 - Pleadings: Form and Content

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Pleadings shall:
1. state the name, mailing
				  address, and telephone number of the person causing the pleading to be filed.
				  In instances where the person filing a request for a hearing is represented by
				  another person, that person's name, address, and telephone number shall be
				  included in the request;
2. be
				  legibly written in ink, typewritten, or printed with 1-inch top, bottom, and
				  side margins and shall be on strong durable white paper, no larger than 8 1/2
				  by 11 inches;
3. be divided into
				  separate numbered paragraphs and double-spaced;
4. state clearly, concisely, and particularly
				  all relevant facts which give rise to and support the relief sought;
5. when appropriate, identify any statute,
				  rule, written statement of law or policy, decision, order, permit, license, or
				  any other regulatory mechanism and the particular aspect of each upon which the
				  pleading relies;
6. state clearly
				  and concisely the relief or action sought;
7. be signed in ink by the party filing same
				  or by his or her duly authorized agent or attorney. The signature of the person
				  signing the document constitutes a certification that he or she has read the
				  document and that, to the best of his or her knowledge, information, and
				  belief, every statement contained in the document is true; and
8. certify that service has been made in
				  accordance with LAC 33:I.335.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-333 - Filing of Pleadings and Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pleading, document, or other item
				  which is being filed into the adjudicatory record shall be filed by mail,
				  telephonic facsimile, or other method of delivery with the administrative
				  hearings clerk, Louisiana Department of Environmental Quality, Administrative
				  Hearings Division.
B. All
				  pleadings, documents, or other items shall be deemed filed on the date received
				  by the administrative hearings clerk. Receipt of a filing by telephonic
				  facsimile equipment on or before the due date shall be considered as timely
				  filed, provided the original document is filed into the adjudicatory record
				  within five working days of receipt of the telephonic facsimile.
C. An original and one copy of all pleadings
				  and documents shall be filed unless otherwise specifically provided by a
				  particular regulation, or order of the presiding officer.
D. Discovery requests and responses thereto
				  shall be served upon a party, his counsel of record, or other designated
				  representative, but shall not be filed in the record of the proceedings. The
				  party responsible for service of the discovery materials shall retain the
				  original and become the custodian of such materials. The provisions of this
				  Section shall not be construed to preclude the filing of any discovery
				  materials as exhibits or as evidence in connection with a motion or
				  hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-335 - Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except where
				  otherwise required by law, on or before the day that a pleading is filed with
				  the administrative hearings clerk, service of same shall be made upon all
				  parties, attorneys, or designated representatives by mail or any other method
				  of delivery, including telephonic facsimile equipment, provided the receiving
				  person maintains such equipment at his office and it is operating at the time
				  the service is made.
B. Unless
				  otherwise provided herein, service by mail or by telephonic facsimile equipment
				  is effective on the date mailed or transmitted. Personal or domiciliary service
				  is effective when delivered or tendered, even if delivery is refused.
C. When a party is represented by an attorney
				  or other designated representative or has appointed an agent for service of
				  process, notice may be given to the party through said attorney, other
				  designated representative, or agent.
D. Notice to a party or person seeking to
				  achieve party status shall be given at the last address filed into the
				  adjudicatory record. Any party or person seeking party status shall timely file
				  into the adjudicatory record notice of any change of address.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-337 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  computing any period of time prescribed or allowed in this Chapter or the
				  Louisiana Environmental Quality Act,
				  R.S.
				  30:2001 et seq., the day on which the
				  designated period begins shall not be included. The last day of the designated
				  period shall be included unless it is a Saturday, Sunday, or a legal holiday as
				  provided in
				  R.S.
				  1:55, in which event the designated period
				  shall run until the end of the next day which is not a Saturday, Sunday, or a
				  legal holiday.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-339 - Conferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a request
				  for hearing is granted, the presiding officer shall notify the parties of the
				  date, time, and location of the initial status conference.
B. The purpose of the initial status
				  conference shall be to:
1. enroll counsel of
				  record or other official representative;
2. discuss the nature of the proceedings,
				  contentions of the parties, contested issues, stipulations, pleadings,
				  discovery, motions, settlement possibilities, estimated time to try the case,
				  and other matters; and
3. establish
				  hearing dates and prehearing deadlines.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-341 - Failure to Appear

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				  a party fails to appear at or participate in a conference or hearing the
				  presiding officer may:
1. proceed with the
				  conference or hearing;
2. continue
				  the conference or hearing;
3. limit
				  the party's participation at a hearing; or
4. terminate the adjudication pursuant to LAC
				  33:I.365.B.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-343 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party may
				  file motions relating to an adjudication.
B. Except as otherwise permitted by the
				  presiding officer, all motions, other than those made orally on the record
				  during a hearing, shall be submitted in writing and shall comply with LAC
				  33:I.331, with copies served on all parties.
C. The parties may request oral argument or a
				  hearing, but it will be allowed only when ordered by the presiding officer. All
				  other motions will be decided by the presiding officer on the basis of the
				  adjudicatory record.
D. Untimely
				  filing of motions or failure to file or untimely filing of supporting
				  memoranda, without good cause, may result in the denial of the motion or delay
				  in consideration of it. Untimely filing of opposition to motions or failure to
				  file or untimely filing of supporting memoranda in opposition to motions,
				  without good cause, may result in the granting of the motion.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-345 - Continuances

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any proceeding
				  may, for good cause, be continued by the presiding officer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-347 - Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prehearing
				  Exchange
1. Prior to completing discovery,
				  all parties shall exchange or allow inspection of the items listed below:
a. all exhibits to be offered during the
				  adjudicatory hearing except those to be offered solely for purposes of rebuttal
				  or impeachment;
b. lists of
				  witnesses to be called at the adjudicatory hearing (except those for purposes
				  of rebuttal or impeachment) designating fact and expert witnesses and a concise
				  statement of the nature of each witness's testimony;
c. lists of matters to be officially noticed;
				  and
d. curriculum vitae for expert
				  witnesses listed.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-349 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. All portions of
				  adjudicatory records are subject to review by all parties and the general
				  public unless a written request for confidentiality under
				  R.S.
				  49:950 et seq., or
				  R.S.
				  30:2030 is granted by the presiding
				  officer.
B. A motion for protective
				  order, or other request to limit discovery, may be considered as a request for
				  confidentiality. In the event a protective order is issued, or discovery is
				  otherwise limited, the presiding officer may designate in writing as
				  confidential that portion of the adjudicatory record necessary to enforce the
				  provisions of the protective order.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.