La. Admin. Code tit. 33 § I-317

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-317 - Requests for Adjudicatory Hearings

A. Requests for Adjudicatory Hearings Pursuant to R.S. 30:2024(A).

1. An applicant or respondent may request an adjudicatory hearing on a permit or enforcement action under R.S. 30:2024(A) by filing the request with the administrative hearings clerk within the time period allowed by R.S. 30:2024(A).

a. Failure to file a hearing request timely shall result in summary dismissal of the request.

b. Failure to file a hearing request directly with the administrative hearings clerk shall not invalidate the filing, provided the item is filed timely with the administrative authority.

2. A request for an adjudicatory hearing shall specify the provisions of the order, penalty assessment, or other action on which the hearing is requested, and briefly describe the basis for the request.

3. Upon timely filing of the request, the administrative authority shall either grant or deny the request within 30 days.

B. Requests for Adjudicatory Hearings by Aggrieved Persons

1. An aggrieved person may request an adjudicatory hearing by filing a written request with the administrative hearings clerk before the action becomes final. Failure to file a hearing request directly with the administrative hearings clerk shall not invalidate the filing, provided the item is filed timely with the administrative authority. A copy of the request shall be served upon the assistant secretary of legal affairs and enforcement and on any applicant, permittee and respondent involved in the matter.

2. The aggrieved person shall state in the request all facts necessary to demonstrate that he is or might be aggrieved by the action and that a hearing should be granted.

3. Upon receipt of notice that a request for hearing under this Subsection has been filed, the department and any applicant or respondent involved in the action shall file their response within the time fixed by the administrative authority.

4. The aggrieved person may apply for a stay of the action pending the decision to grant or deny the request for hearing. The stay shall be granted or denied in the discretion of the administrative authority.

5. The administrative authority shall grant or deny the request for hearing in writing within 30 days after the request is filed, unless it determines that additional time is necessary. If the request is denied, written reasons shall be given for the denial.

6. Except for good cause shown, this Subsection shall not apply to an aggrieved person who intervened or had the right to intervene in an evidentiary hearing held pursuant to LAC 33:V.709.

C. Adjudicatory Hearings Initiated by the Administrative Authority

1. The administrative authority shall hold an adjudicatory hearing when required by regulations of the department or by law.

2. The administrative authority may hold an adjudicatory hearing upon its own motion where required by equity and justice.

La. Admin. Code tit. 33, § I-317

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:557 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.