Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part I - Office of the Secretary › Subpart 1 - Departmental Administrative Procedures › Chapter 3 - Adjudications › Section I-303 - 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.
Adjudication
- the agency process for the
					 formulation of a final decision or order when a request for an adjudicatory
					 hearing has been granted or an adjudicatory hearing has otherwise been
					 scheduled by the administrative authority.
Adjudicatory Record
- all pleadings,
					 documents, correspondence and other items filed with the administrative
					 hearings clerk in connection with an adjudication, including those items
					 specified in
					 R.S.
					 49:955(E).
Administrative Authority
- the Secretary
					 of the Department of Environmental Quality, or his or her designee.
Administrative Hearings Clerk
- the person
					 who, directly or through his/her designee(s), maintains custody of and receives
					 filings to the adjudicatory record or the record on appeal following final
					 agency action.
Administrative Record
- any and all
					 documents, testimony, records, files, or materials submitted to the
					 administrative authority or compiled by the administrative authority concerning
					 an adjudication or upon which a decision or order is based.
Aggrieved Person
- a person who has a real
					 and actual interest that is or might be adversely affected by a final action of
					 the department under the Louisiana Environmental Quality Act, R.S. 30:200l et
					 seq.
Applicant
- a person formally seeking a
					 permit action.
Assistant Secretary
- the assistant
					 secretary of any office of the department.
Department
- the Louisiana Department of
					 Environmental Quality.
Interlocutory Decision, Order, or Ruling
-
					 one that determines only preliminary matters in the course of an adjudication,
					 and does not determine the merits of the adjudication.
Party
- the state (through the Department
					 of Environmental Quality), a respondent, applicant, permittee, intervenor, or
					 other person who is formally participating in an adjudication before the
					 department.
Permittee
- a person to whom the
					 department has issued a permit.
Person
- any individual, municipality,
					 public or private corporation, partnership, firm, 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, the state of Louisiana, political subdivisions of the state of
					 Louisiana, commissions, and interstate bodies.
Pleading
- a petition, motion, response,
					 request, or any statement of position filed with the administrative hearings
					 clerk in connection with an adjudication or appeal of a final agency decision
					 or order.
Presiding Officer
- the secretary, an
					 assistant secretary, an administrative law judge, or a hearing officer.
Respondent
- a person to whom an
					 enforcement action is directed.
Secretary
- the Secretary of the
					 Department of Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2001 et
					 seq.