Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 3 - Louisiana Fuel Protection Act of 1979; Implementation of Act 605 of 1979 › Section I-305 - Application Processing Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  person who files an application with the secretary shall reimburse the
				  secretary in accordance with these rules and regulations, for all direct costs
				  incurred by or on behalf of the secretary in processing any such
				  application.
B. Any person who
				  files an application with the secretary for a license to construct or operate
				  support facilities within the secretary's jurisdiction shall remit at the time
				  such application is filed an initial application processing fee of $100
				  represented by a certified or cashier's check drawn on a bank or trust company
				  doing business under the laws of the state of Louisiana or the United States,
				  payable to the state of Louisiana, Department of Natural Resources.
C. The application processing fee provided
				  for in the preceding paragraph, and all interest accrued thereon, shall be used
				  by the secretary to compensate the secretary for all direct costs incurred by
				  or on behalf of the secretary in processing such applications.
D. Should the application be withdrawn by the
				  applicant before the issuance by the secretary to the applicant of a license to
				  construct or operate support facilities, the secretary shall refund to the
				  applicant any portion of the application fee remaining after payment by the
				  secretary of all direct costs incurred in processing such application through
				  the date of such withdrawal.
E. The
				  secretary shall periodically make a determination of the amount of all direct
				  costs incurred by or on behalf of the secretary in processing an
				  application.
F. The secretary shall
				  assess, as application processing fees, all such direct costs against the
				  person or persons whose application has given rise to the direct costs incurred
				  and sought to be recovered, and shall serve on each such person a "Notice of
				  Assessment". Such person or persons shall thereafter make full payment of such
				  fees to the secretary within 30 days from receipt of Notice of
				  Assessment.
G. Any person on whom a
				  Notice of Assessment is served under these regulations shall be entitled to a
				  hearing before the secretary on such assessment, provided a written request for
				  a hearing is filed with the secretary within 30 days after receipt of the
				  Notice of Assessment.
H. The
				  secretary's general rules and regulations and the Louisiana Administrative
				  Procedure Act (R.S.
				  49:951 et seq.) shall apply to any hearing
				  held in connection with any Notice of Assessment under these rules and
				  regulations.
I. Should any person
				  fail to pay any application processing fees when due, such person shall pay
				  interest at the legal rate per annum on the unpaid balance of such assessment
				  from the date the assessment is due until paid.
J. The secretary shall maintain such records
				  as may be necessary in order to identify, determine and recover all application
				  processing fees pursuant to these rules and regulations, and the secretary
				  shall make such records available to interested persons in accordance with
				  applicable law.
K. Application
				  processing fees recovered by the secretary pursuant to these rules and
				  regulations shall be limited to the amount necessary to compensate the
				  secretary for the actual costs incurred in processing the
				  application.
L. This Section shall
				  not be interpreted to enlarge or diminish the right of the state of Louisiana,
				  or any political subdivision thereof, to impose any other valid fees.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 51:1603.