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 F - Expedited Review of Sections 921(A)(2) or 921(A)(3) Orders of Cessation › Section XV-6815 - Procedure if 30-Day Decision Requirement Is Not Waived

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the applicant does not waive the 30-day
					 decision requirement of §925. B of the Act, the following special rules
					 shall apply.
1. The applicant shall serve all
					 known parties with a copy of the application simultaneously with the filing of
					 the application with the commissioner. If service is accomplished by mail, the
					 applicant shall inform all known parties by telephone at the time of mailing
					 that an application is being filed and shall inform the commissioner or his
					 authorized representative by telephone that such notice has been given.
					 However, no ex parte communication as to the merits of the proceeding may be
					 conducted with the commissioner or his authorized representative.
2. Any party desiring to file a response to
					 the application for review shall file a written response within five working
					 days of service of the application.
3. If the applicant has requested a hearing,
					 the commissioner or his authorized representative shall immediately upon
					 receipt of the application notify the parties of the time and place of the
					 hearing at least five days prior to the hearing date.
4. The commissioner or his authorized
					 representative may require the parties to submit proposed findings of fact and
					 conclusions of law at the hearing which may be orally supplemented on the
					 record at the hearing.
5. The
					 commissioner or his authorized representative shall make an initial decision.
					 He shall either rule from the bench or the application, orally stating the
					 reasons for his decision or he shall issue a written decision. If the
					 commissioner or his authorized representative makes an oral ruling, his
					 approval of the record of the hearing shall constitute his written decision.
					 The decision of the commissioner or his authorized representative must be
					 issued within 15 days of the filing of the perfected application under
					 §6809
6. If any party
					 desires to appeal to the commissioner, such party shall:
a. if the commissioner or his authorized
					 representative makes an oral ruling, make an oral statement, within a time
					 period as directed by the commissioner or his authorized representative, that
					 decision is being appealed and request that the commissioner or his authorized
					 representative certify the record; or
b. if the commissioner or his authorized
					 representative issues a written decision after the close of the hearing, file a
					 notice of appeal with the commissioner or his authorized representative within
					 two working days of receipt of the commissioner's or his authorized
					 representative's decision.
7. If the decision of the commissioner or his
					 authorized representative is appealed, the commissioner or his authorized
					 representative shall act immediately to issue an expedited briefing schedule,
					 and the commissioner or his authorized representative shall act expeditiously
					 to review the record and issue its decision. The decision of the commissioner
					 or his authorized representative must be issued within 30 days of the date the
					 perfected application is filed.
8.
					 If all parties waive the opportunity for a hearing and the commissioner or his
					 authorized representative determines that a hearing is not necessary, but the
					 applicant does not waive the 30-day decision requirement, the commissioner or
					 his authorized representative shall issue an initial decision on the
					 application within 15 days of receipt of the application. The decision shall
					 contain findings of fact and an order disposing of the application. The
					 decision shall be served upon all the parties and the parties shall have two
					 working days from receipt of such decision within which to appeal to the
					 commissioner. The commissioner shall issue his decision within 30 days of the
					 date the perfected application is filed.
9. If at any time after the initiation of
					 this expedited procedure, the applicant requests a delay or acts in a manner so
					 as to frustrate the expeditious nature of this proceeding or fails to comply
					 with any requirement of §6815, such action shall constitute a waiver of
					 the 30-day requirement of §925. B of the Act.
10. If the applicant seeks to offer
					 witnesses, exhibits or testimony at the hearing in addition to those
					 identified, submitted, described or summarized in the application for expedited
					 review perfected in accordance with the requirements of §6809, upon
					 objection by an opposing party to such offer, the commissioner or his
					 authorized representative may allow such objecting party additional time in
					 order to prepare for cross-examination of unidentified witnesses or to identify
					 and prepare rebuttal evidence or otherwise uncover any additional prejudice
					 which may result to such party. The commissioner or his authorized
					 representative may rule that the running of the 30-day time for decision is
					 stayed for the period of any additional time allowed pursuant to this
					 Subsection or may determine that the applicant has waived his right to the
					 30-day decision.