La. Admin. Code tit. 33 § I-365

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-365 - Termination of Adjudications

A. Except where a decision is rendered on the merits, the presiding officer shall issue an order terminating an adjudication:

1. upon written motion, accompanied by an unconditional withdrawal of the request for a hearing filed with the administrative hearings clerk;

2. upon written motion, accompanied by a rescission by the department of the underlying action;

3. upon joint written motion signed by the department and the applicant, permittee, or respondent, accompanied by a stipulation, agreed settlement, or consent order; or

4. by any other procedure allowed by law.

B. The presiding officer may also terminate an adjudication upon the default of the person requesting the hearing if:

1. that person fails to appear at the hearing;

2. the department moves for a default; and

3. the adjudicatory record contains proof that notice of the date, time, and place of the hearing was provided to that person.

C. Upon the default of the person requesting a hearing, the request shall be deemed withdrawn and the action of the department shall become final.

La. Admin. Code tit. 33, § I-365

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:563 (June 1995).

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