La. Admin. Code tit. 33 § I-369

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

Section I-369 - Review by Secretary of Decisions by the Presiding Officer

A. A party may seek review by the secretary of a presiding officer's decision on the merits within the time frame specified in LAC 33:I.367 by filing with the administrative hearings clerk a written motion for review stating the grounds upon which the review is requested. However, if a petition for reconsideration, reopening, or rehearing is filed timely, a motion for review by the secretary must be filed within 30 days following:

1. service of an order denying the petition; or

2. service of a decision on the merits by the presiding officer following a reconsideration, reopening, or rehearing.

B. Upon receipt of a motion for review, the secretary may:

1. deny the motion, at which time the decision shall become final agency action; or

2. grant the motion as to one or more of the grounds on which the review is requested or on such other grounds as he deems proper, and:

a. remand the matter with instructions to the presiding officer;

b. overrule the decision of the presiding officer and render his own decision based on the record developed; or

c. hold new hearings or collect additional evidence or both and render his own decision.

C. In the event the secretary overrules a decision of the presiding officer, renders his own decision based on the record developed, or holds a new hearing and renders a decision, the secretary shall issue findings of fact and conclusions of law.

D. The administrative hearings clerk shall serve a copy of the decision by certified mail upon all parties, their counsel of record, or other representative and record the date of mailing.

E. Pursuant to R.S. 49:959, any party may request a rehearing, reopening of the record, or reconsideration of a decision on the merits (in whole or in part) of the secretary if such request is filed with the administrative hearings clerk within 10 days from the date of its entry.

La. Admin. Code tit. 33, § I-369

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.