La. Admin. Code tit. 33 § I-303

Current through Register Vol. 50, No. 8, August 20, 2024
Section I-303 - Definitions
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.

La. Admin. Code tit. 33, § I-303

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:555 (June 1995).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.