Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1511 - Hearing Examiner; Small Claims; Adjudicatory Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon acceptance by the regulatory
				  authority of a claim as complete, and upon determination that all other
				  reporting requirements in these regulations have been timely complied with by
				  the claimant, the regulatory authority shall make disposition of the claim
				  pursuant to the appropriate procedures as set forth below.
1. It may employ the services of experts or
				  consultants in evaluating damage or loss whose sworn written or oral opinions
				  or appraisals shall be made a part of the claimant's file or records as the
				  case may be.
2. It may designate a
				  hearing examiner to conduct the hearing.
3. It shall assign all claims for public
				  hearing in compliance with the Louisiana Administrative Procedure Act,
				  R.S.
				  49:951 et seq., and the general rules and
				  regulations of the Department of Natural Resources, and especially with respect
				  to notice and to the date on which objections to a claim must be presented in
				  written form.
4. If no written
				  objections to a claim are timely made:
a. the
				  regulatory authority may make a preliminary evaluation of the claim or loss and
				  if it does not exceed the sum of $500 and all essential requirements of these
				  regulations are otherwise met by the claimant, it shall give notice of its
				  intent to pay the claim in the manner as provided in Subsection F hereof. This
				  notice may be combined with the notice of public hearing concerning it. If no
				  objection is made to the payment of the claim at the public hearing, the
				  regulatory authority may reimburse the claimant without further administrative
				  delay;
b. at all hearings other
				  than those provided for by Subparagraph 4.a:
i. the claimant must offer proof as to:
(a). his freedom from contributory negligence
				  in causing his loss; and
(b). his
				  good faith efforts to locate the financially responsible party to whom the
				  obstruction, equipment, materials, structures or other items causing the
				  claimed damage is attributable;
ii. on all other issues the regulatory
				  authority may restrict the hearing to the introduction of evidence, proof, or
				  testimony as to the ownership or location of the obstruction, the qualification
				  of the claimant, the dollar value of the damage or loss or any other necessary
				  information or facts not satisfactorily identified in the initial or full claim
				  reports submitted. It shall notify the claimant of such restrictions and at the
				  public hearing, claimant shall not be required to offer proof on matters other
				  than those so restricted and those required by Clause 4.b.i above;
c. any person who has not made
				  timely objection shall nevertheless be given an opportunity to be heard. The
				  claimant need not, though he may, present further proof in support of his claim
				  other than that required by Clause 4.b.i.
5. If written objections to a claim are
				  timely made, the hearing shall be considered as an adjudicatory proceeding
				  within the meaning of the Louisiana Administrative Procedure Act and the
				  general rules and regulations of the Department of Natural Resources, and shall
				  be conducted as such with full opportunity for responses, objections and other
				  rights accorded by that Act and the regulations.