reglab/statecodes huggingface dataset:
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 B - Evidentiary Hearings › Section XV-6729 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 commissioner or his authorized representatives shall give notice to the parties
					 of the time, place and nature of any hearing.
B. Except for expedited review proceedings
					 and temporary relief proceedings where time is of the essence, notice given
					 under this Section shall be in writing.
C. In an expedited proceeding when there is
					 only opportunity to give oral notice, the commissioner or his authorized
					 representatives shall enter that fact contemporaneously on the record by a
					 signed and dated memorandum describing the notice given.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 B - Evidentiary Hearings › Section XV-6731 - Summary Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. At any time
					 after a proceeding has begun, a party may move for summary decision of the
					 whole or part of a case.
B. The
					 moving party under this Section shall verify any allegations of fact with
					 supporting affidavits, unless the moving party is relying upon depositions,
					 answers to interrogatories, admissions or documents produced upon request to
					 verify such allegations.
C. The
					 commissioner or his authorized representatives may grant a motion under this
					 Section if the record, including the pleadings, depositions, answers to
					 interrogatories, admissions and affidavits, shows that:
1. there is no disputed issue as to any
					 material fact; and
2. the moving
					 party is entitled to summary decision as a matter of law.
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 B - Evidentiary Hearings › Section XV-6733 - Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner or his authorized
					 representatives shall allow the parties to a proceeding an opportunity to
					 submit proposed findings of fact and conclusions of law together with a
					 supporting brief at a time designated by the commissioner or his authorized
					 representative.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 B - Evidentiary Hearings › Section XV-6735 - Initial Orders and Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 initial order or decision disposing of a case shall incorporate:
1. findings of fact and conclusions of law
					 and the basis and reasons therefor on all the material issues of fact, law and
					 discretion presented on the record; and
2. an order granting or denying
					 relief.
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 B - Evidentiary Hearings › Section XV-6737 - Effect of Initial Order or Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial order or decision shall become
					 final if that order or decision is not timely appealed.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 B - Evidentiary Hearings › Section XV-6739 - Certification of Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except in
					 expedited review proceedings, within five days after the initial decision has
					 been rendered the commissioner or his authorized representatives shall certify
					 the official record of the proceedings, including all exhibits, and transmit
					 the official record for filing in the Office of Conservation, Surface Mining
					 Section, Baton Rouge, Louisiana.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 C - Discovery › Section XV-6741 - Discovery Methods

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties may
					 obtain discovery by one or more of the following methods:
1. depositions upon oral examination or upon
					 written interrogatories;
2. written
					 interrogatories;
3. production of
					 documents or things or permission to enter upon land or other property, for
					 inspection and other purposes; and
4. requests for admission.
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 C - Discovery › Section XV-6743 - Time for Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following
					 the initiation of a proceeding, the parties may initiate discovery at any time
					 as long as it does not interfere with the conduct of the hearing.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 C - Discovery › Section XV-6745 - Scope of Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
					 otherwise limited by order of the commissioner or his authorized representative
					 in accordance with these rules, the parties may obtain discovery regarding any
					 matter, not privileged, which is relevant to the subject matter involved in the
					 proceeding, including the existence, description, nature, custody, condition
					 and location of any books, documents or other tangible things and the identity
					 and location of persons having knowledge of any discoverable matter.
B. It is not ground for objection that
					 information sought will not be admissible at the hearing if the information
					 sought appears reasonably calculated to lead to the discovery of admissible
					 evidence.
C. A party may obtain
					 discovery of documents and tangible things otherwise discoverable under
					 §6745. A and prepared in anticipation of or for the hearing by or for
					 another party's representative (including his attorney, consultant, surety,
					 indemnitor, insurer or agent) only upon a showing that the party seeking
					 discovery has substantial need of the materials in the preparation of his case
					 and that he is unable without undue hardship to obtain the substantial
					 equivalent of the materials by other means. In ordering discovery of such
					 materials when the required showing has been made, the administrative law judge
					 shall protect against disclosure of the mental impressions, conclusions,
					 opinions or legal theories of an attorney or other representative of a party
					 concerning the proceeding.
D. Upon
					 motion by the party or the person from whom discovery is sought, and for good
					 cause shown, the commissioner or his authorized representative may make any
					 order which justice requires to protect a party or person from annoyance,
					 embarrassment, oppression, or undue burden or expense, including one or more of
					 the following:
1. the discovery not be
					 had;
2. the discovery may be had
					 only on specified terms and conditions, including a designation of the time or
					 place;
3. the discovery may be had
					 only by a method of discovery other than that selected by the party seeking
					 discovery;
4. certain matters not
					 relevant may not be inquired into, or that the scope of discovery be limited to
					 certain matters;
5. discovery be
					 conducted with no one present except persons designated by the commissioner or
					 his authorized representative; or
6. a trade secret or other confidential
					 research, development or commercial information may not be disclosed or be
					 disclosed only in a designated way.
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 C - Discovery › Section XV-6747 - Sequence and Timing of Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Unless the commissioner or his authorized representative upon motion, for the
					 convenience of parties and witnesses and in the interests of justice, orders
					 otherwise, methods of discovery may be used in any sequence and the fact that
					 party is conducting discovery, whether by deposition or otherwise, shall not
					 operate to delay any other party's discovery.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 C - Discovery › Section XV-6749 - Supplementation of Responses

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party
					 who has responded to a request for discovery with a response that was complete
					 when made is under no duty to supplement his response to include information
					 thereafter acquired, except as follows.
1. A
					 party is under a duty to supplement timely his response with respect to any
					 question directly addressed to:
a. the
					 identity and location of persons having knowledge of discoverable matters;
					 and
b. the identity of each person
					 expected to be called as an expert witness at the hearing, the subject matter
					 on which he is expected to testify and the substance of his
					 testimony.
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 C - Discovery › Section XV-6751 - Motion to Compel Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
					 deponent fails to answer a question propounded, or a party upon whom a request
					 is made pursuant to, or a party upon whom answers to interrogatories are served
					 fails to adequately respond or objects to the request, or any part thereof, or
					 fails to permit inspection as requested, the discovering party may move the
					 commissioner or his authorized representative for an order compelling a
					 response or inspection in accordance with the request.
B. The motion shall set forth:
1. the nature of the questions or
					 request;
2. the response or
					 objection of the party upon whom the request was served; and
3. arguments in support of the
					 motion.
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 C - Discovery › Section XV-6753 - Failure to Comply with Orders Compelling Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a party or an officer, director or
					 other agent of a party fails to obey an order to provide or permit discovery,
					 the commissioner or his authorized representative before whom the action is
					 pending may make such orders in regard to the failure as are just including but
					 not limited to the following:
1. an order
					 that the matters sought to be discovered or any other designated facts shall be
					 taken to be established for the purposes of the action in accordance with the
					 claim of the party obtaining the order;
2. an order refusing to allow the disobedient
					 party to support or oppose designated claims or defenses, or prohibiting him
					 from introducing designated matters into evidence; or
3. an order striking out pleadings or parts
					 thereof, or staying further proceedings until the order is obeyed, or
					 dismissing the action or proceeding or any part thereof, or rendering a
					 judgment by default against the disobedient party.
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 C - Discovery › Section XV-6755 - Depositions upon Oral Examination or upon Written Questions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
					 desiring to take the testimony of any other party or other person by deposition
					 upon oral examination or written questions shall, without leave of the
					 commissioner or his authorized representative, give reasonable notice in
					 writing to every other party, to the person to be examined and to the
					 commissioner or his authorized representative of:
1. the proposed time and place of taking the
					 deposition;
2. the name and address
					 of each person to be examined and, if known, a general description sufficient
					 to identify him or the particular group or class to which he belongs;
3. the matter upon which each person will be
					 examined; and
4. the name or
					 descriptive title and address of the officer before whom the deposition is to
					 be taken.
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 C - Discovery › Section XV-6757 - Use of Depositions

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the
					 hearing, any part or all of a deposition, so far as admissible, may be used
					 against any party who was present or represented at the taking of the
					 deposition, or who had reasonable notice thereof, in accordance with any of the
					 following provisions:
1. any deposition may be
					 used by any party for the purpose of contradicting or impeaching the testimony
					 of a deponent as a witness;
2. the
					 deposition of a party or of anyone who at the time of taking the deposition was
					 an officer, director or managing agent or a person designated to testify on
					 behalf of a public or private corporation, partnership or association or
					 governmental agency which is a party may be used by an adverse party for any
					 purpose; or
3. the deposition of a
					 witness, whether or not a party, may be used by a party for any purpose if the
					 commissioner or his authorized representative finds that:
a. the witness is dead;
b. the witness is at a distance greater than
					 100 miles from the place of hearing, or is outside the state, unless it appears
					 that the absence of the witness was procured by the party offering the
					 deposition;
c. the witness is
					 unable to attend or testify because of age, illness, infirmity or
					 imprisonment;
d. the party offering
					 the deposition has been unable to procure the attendance of the witness by
					 subpoena; or
e. such exceptional
					 circumstances exist as to make it desirable, in the interest of justice and
					 with due regard to the importance of presenting the testimony of witnesses
					 orally at the hearing, to allow the deposition to be used.
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 C - Discovery › Section XV-6759 - Written Interrogatories to Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party may serve upon any other party
					 written interrogatories to be answered in writing by the party served, or, if
					 the party served is a public or private corporation, or a partnership,
					 association or governmental agency, by any officer or agent, who shall furnish
					 such information as is available to the party. A copy of the interrogatories,
					 answers, and all related pleadings shall be served on the commissioner or his
					 authorized representative and upon all parties to the proceeding.
B. Each interrogatory shall be answered
					 separately and fully in writing under oath or affirmation, unless it is
					 objected to, in which event the reasons for objection shall be stated in lieu
					 of an answer. The answer and objections shall be signed by the person making
					 them. The party upon whom the interrogatories were served shall serve a copy of
					 the answers and objections upon all parties to the proceeding within 30 days
					 after service of the interrogatories, or within such shorter or longer period
					 as the commissioner or his authorized representative may allow.
C. Interrogatories may relate to any matters
					 which can be inquired into under §6745 An interrogatory otherwise proper
					 is not necessarily objectionable merely because an answer to the interrogatory
					 involves an opinion or contention that relates to fact or the application of
					 law to fact, but the commissioner or his authorized representative may order
					 that such an interrogatory need not be answered until after designated
					 discovery has been completed or until a prehearing conference or other later
					 time.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 C - Discovery › Section XV-6761 - Production of Documents and Things and Entry upon Land for Inspection and Other Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
					 may serve on any other party a request to:
1.
					 produce and permit the party making the request, or a person acting on his
					 behalf, to inspect and copy any designated documents, or to inspect and copy,
					 test or sample any tangible things within the scope of
					 §6745 and which
					 are in the possession, custody or control of the party upon whom the request is
					 served; or
2. permit entry upon
					 designated land or other property in the possession or control of the party
					 upon whom the request is served for the purpose of inspection and measuring,
					 surveying, photographing, testing or sampling the property (including the air,
					 water and soil) or any designated object or operation thereon, within the scope
					 of §6745
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 C - Discovery › Section XV-6763 - Admissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party may
					 serve upon any other party a written request for the admission, for purposes of
					 the pending action only, of the genuineness and authenticity of any relevant
					 document described in or attached to the request, or for the admission of the
					 truth of any specified relevant matter of fact.
B. Each matter of which an admission is
					 requested is admitted unless, within 30 days after service of the request or
					 such shorter or longer time as the commissioner or his authorized
					 representative may allow, the party to whom the request is directed serves on
					 the requesting party:
1. a sworn statement
					 denying specifically the relevant matters of which an admission is
					 requested;
2. a sworn statement
					 setting forth in detail the reasons why he can neither truthfully admit nor
					 deny them; or
3. written objections
					 on the ground that some or all of the matters involved are privileged or
					 irrelevant or that the request is otherwise improper in whole or in
					 part.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6765 - Who May File

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
					 charged with a civil penalty may file a petition for review of a proposed
					 assessment of that penalty with the commissioner.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6767 - Time for Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A petition
					 for review of a proposed assessment of a civil penalty must be filed within 30
					 days of receipt of the proposed assessment; or
B. if a timely request for a conference has
					 been made, a petition for review must be filed within 15 days from service of
					 notice by the conference officer that the conference is deemed
					 completed.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6769 - Contents of Petition; Payment Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. The petition shall include:
1. a short and plain statement indicating the
					 reasons why either the amount of the penalty or the fact of the violation is
					 being contested;
2. if the amount
					 of penalty is being contested based upon a misapplication of the civil penalty
					 formula, a statement indicating how the civil penalty formula was misapplied,
					 along with a proposed civil penalty utilizing the civil penalty
					 formula;
3. identification by
					 number of all violations being contested;
4. the identifying number of the cashier's
					 check, certified check, bank draft, personal check or bank money order
					 accompanying the petition; and
5. a
					 request for a hearing site.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6771 - Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
					 have 30 days from receipt of a copy of the petition within which to file an
					 answer to the petition with the commissioner.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6773 - Review of Waiver Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Within 10 days of the filing of a petition under this Subchapter, petitioner
					 may move the commissioner or his authorized representative to review the
					 granting or denial of a waiver of the civil penalty formula.
B. The motion shall contain a statement
					 indicating all alleged facts relevant to the granting or denial of the
					 waiver.
C. Review shall be limited
					 to the written determination of the commissioner granting or denying the
					 waiver, the motion, and responses to the motion. The standard of review shall
					 be abuse of discretion.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6775 - Burden of Proof in Civil Penalty Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. In civil penalty proceedings the office
					 shall have the burden of going forward to establish a prima facie case and the
					 ultimate burden of persuasion as to the fact of violation and as to the amount
					 of the penalty.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6777 - Summary Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. In a
					 civil penalty proceeding where the person against whom the proposed civil
					 penalty is assessed fails to comply on time with any prehearing order of the
					 commissioner or his authorized representative, the commissioner or his
					 authorized representative shall issue an order to show cause why:
1. that person would not be deemed to have
					 waived his right to a hearing; and
2. the proceedings should not be
					 dismissed.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6779 - Determination by the Commissioner

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The commissioner or his authorized representative shall incorporate in his
					 decision concerning the civil penalty findings of fact on each of the four
					 criteria set forth in §6905. B and conclusions of law.
B. If the commissioner or his authorized
					 representative finds that:
1. a violation
					 occurred or that the fact of violation is uncontested, he shall establish the
					 amount of penalty, but in so doing he shall adhere to the point system and
					 conversion table contained in
					 §6905 and 6907,
					 except that the commissioner or his authorized representative may waive the use
					 of such point system where he determines that a waiver would further abatement
					 of violations of the Act. However, the commissioner or his authorized
					 representative shall not waive the use of the point system and reduce the
					 proposed assessment on the basis of an argument that a reduction in the
					 proposed assessment could be used to abate other violations of the
					 Act;
2. no violation occurred, he
					 shall issue an order that the proposed assessment be returned to the
					 petitioner.
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 D - Petitions for Review of Proposed Assessments of Civil Penalties › Section XV-6781 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party may
					 petition the commissioner to review the decision of the commissioner or his
					 authorized representative concerning an assessment according to the procedures
					 set forth in §6831
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6783 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
					 regulations govern applications for review of:
1. notices of violation, or the modification,
					 vacation or termination of a notice of violation under §921. A(3) of the
					 Act; and
2. orders of cessation
					 which are not subject to expedited review under §6805, or the
					 modification, vacation or termination of such an order of cessation under
					 §921. A(2) or 921.A(3) of the Act.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6785 - Who May File

Current through Register Vol. 50, No. 6, June 20, 2024
A. A permittee
					 issued a notice or order by the secretary pursuant to the provisions of
					 §921. A(2) or 921.A(3) of the Act or any person having an interest which
					 is or may be adversely affected by a notice or order subject to review under
					 §6783 may file
					 an application for review with the commissioner.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6787 - Time for Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
					 filing an application for review under
					 §6783 shall
					 file that application within 30 days of the receipt of a notice or order or
					 within 30 days of receipt of notice of modification, vacation or termination of
					 such a notice or order. Any person not served with a copy of the document shall
					 file the application for review within 40 days of the date of issuance of the
					 document.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6789 - Effect of Failure to File

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Failure to file an application for review of a notice of violation or order or
					 cessation shall not preclude challenging the fact of violation during a civil
					 penalty proceeding.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6791 - Contents of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 person filing an application for review shall incorporate in that application
					 regarding each claim for relief:
1. a
					 statement of facts entitling that person to administrative relief;
2. a request for specific relief;
3. a copy of any notice or order sought to be
					 reviewed;
4. a statement as to
					 whether the person requests or waives the opportunity for an evidentiary
					 hearing; and
5. any other relevant
					 information.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6793 - Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where an
					 application for review is filed by a permittee, the office as well as any other
					 person granted leave to intervene pursuant to
					 §6711 shall
					 file an answer within 20 days of service of a copy of such
					 application.
B. Where an
					 application for review is filed by a person other than a permittee, the
					 following shall file an answer within 20 days of service of a copy of such
					 application:
1. the office;
2. the permittee; or
3. any other person granted leave to
					 intervene pursuant to §6711
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6795 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
					 §925. A(2) of the Act, the applicant and other interested persons shall be
					 given written notice of the time and place of the hearing at least five working
					 days prior thereto.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6797 - Amendments to Pleadings

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 application for review may be amended once as a matter of right prior to the
					 filing of an answer and thereafter by leave of the commissioner or his
					 authorized representative upon proper motion.
B. Upon receipt of an initial or amended
					 application for review or subsequent to granting leave to amend, the
					 commissioner or his authorized representative shall issue an order setting a
					 time for filing an amended answer if the commissioner or his authorized
					 representative determines that such an answer is appropriate.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6799 - Failure to State a Claim

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
					 proper motion or after the issuance of an order to show cause, the commissioner
					 or his authorized representative may dismiss at any time an application for
					 review which fails to state a claim upon which administrative relief may be
					 granted.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6801 - Related Notices or Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 An applicant for review shall file a copy of any subsequent notice or order
					 which modifies, vacates or terminates the notice or order sought to be reviewed
					 within 10 days of receipt.
B. An
					 applicant for review of a notice shall file a copy of an order of cessation for
					 failure timely to abate the violation which is the subject of the notice under
					 review within 10 days of receipt of such order.
C. If an applicant for review desires to
					 challenge any subsequent notice or order, the applicant must file a separate
					 application for review.
D.
					 Applications for review of related notices or orders are subject to
					 consolidation.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 E - Review of Section 921 Notices of Violation and Orders of Cessation › Section XV-6803 - Burden of Proof in Review of Section 921 Notices or Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. In review of
					 §921 of the Act, notices of violation or orders of cessation or the
					 modification, vacation or termination thereof, including expedited review, the
					 office shall have the burden of going forward to establish a prima facie case
					 as to the validity of the notice, order, or modification, vacation or
					 termination thereof.
B. The
					 ultimate burden of persuasion shall rest with the applicant for
					 review.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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-6805 - Who May File

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
					 for review of an order of cessation may be filed under this Section, whenever
					 temporary relief has not been granted under §925. C or 926.C of the Act,
					 by:
1. a permittee who has been issued an
					 order of cessation under §921. A(2) or 921.A(3) of the Act; or
2. any person having an interest which is or
					 may be adversely affected by the issuance of an order of cessation under
					 §921. A(2) or 921.A(3) of the Act.
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-6807 - Where to File

Current through Register Vol. 50, No. 6, June 20, 2024
A. The application
					 shall be filed with the commissioner.
1. Any
					 person intending to file an application for expedited review under §925. B
					 of the Act shall notify the office within 15 days of receipt of the order. Any
					 person not served with a copy of the order shall file notice of intention to
					 file an application for review within 20 days of the date of issuance of the
					 order.
2. Any person filing an
					 application for review under
					 §6809 shall
					 file the application within 30 days of receipt of the order. Any person not
					 served with a copy of the order shall file an application for review within 40
					 days of the date of issuance of the order.
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-6809 - Contents of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 person filing an application for expedited review under §925. B of the Act
					 shall incorporate in that application regarding each claim for relief:
1. a statement of facts entitling that person
					 to administrative relief;
2. a
					 request for specific relief;
3. a
					 specific statement which delineates each issue to be addressed by the applicant
					 during the expedited proceeding;
4.
					 a copy of the order sought to be reviewed;
5. a list identifying each of applicant's
					 witnesses by name, address and place of employment, including expert witnesses
					 and the area of expertise to which they will address themselves at the hearing,
					 and a detailed summary of their testimony;
6. copies of all exhibits and other
					 documentary evidence that the applicant intends to introduce as evidence at the
					 hearing and descriptions of all physical exhibits and evidence which is not
					 capable of being copied or attached; and
7. any other relevant information.
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-6811 - Computation of Time for Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 In computing the 30-day time period for administrative decision, intermediate
					 Saturdays, Sundays, state legal holidays, and other nonbusiness days shall be
					 excluded in the computation.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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-6813 - Waiver of the 30-Day Decision Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person qualified to receive a 30-day
					 decision may waive that right:
1. by filing
					 an application pursuant to §§6783-6801;
2. by failing to comply with all the
					 requirements of §6809 A; or
3. in accordance with §6815
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 G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6817 - Initiation of Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 proceeding on a show cause order issued by the office pursuant to §921.
					 A(4) of the Act shall be initiated by the commissioner or his authorized
					 representative filing a copy of such an order with the commissioner at the same
					 time the order is issued to the permittee.
B. A show cause order filed with the
					 commissioner or his authorized representative shall set forth:
1. a list of the unwarranted or willful
					 violations which contribute to a pattern of violations;
2. a copy of each order or notice which
					 contains one or more of the violations listed as contributing to a pattern of
					 violations;
3. the basis for
					 determining the existence of a pattern of violations; and
4. recommendations whether the permit should
					 be suspended or revoked, including the length and terms of a
					 suspension.
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 G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6819 - Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The permittee
					 shall have 30 days from receipt of the order within which to file an answer
					 with the commissioner.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
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 G - Proceedings for Suspension or Revocation of Permits under Section 921.A(4) of the Act › Section XV-6821 - Contents of Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 permittee's answer to a show cause order shall contain a statement setting
					 forth:
1. the reasons in detail why a pattern
					 of violations, as described in §6505. A.3 does not exist or has not
					 existed, including all reasons for contesting:
a. the fact of any of the violations alleged
					 by the office as constituting a pattern of violations;
b. the willfulness of such violations;
					 or
c. whether such violations were
					 caused by the unwarranted failure of the permittee;