La. Admin. Code tit. 33 § I-373

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

Section I-373 - Appeals to the Court of Appeal, First Circuit

A. Any final decision or order of the administrative authority appealable to the Court of Appeal, First Circuit shall not be subject to further review unless:

1. a motion for appeal is filed with the administrative hearings clerk within 30 days after notice of the final decision or order is served by certified mail or by hand upon the appealing party; or

2. if a rehearing, reopening of the record, or reconsideration is properly requested and denied, a motion for appeal is filed within 30 days after notice of the denial is served by certified mail or by hand upon the appealing party.

B. Copies of the motion for appeal shall be served upon the department and all parties of record.

C. Any motion for an appeal to the Court of Appeal, First Circuit shall comply with the local rules of that court and the Uniform Rules of Louisiana Courts of Appeal.

D. The filing of the motion for appeal does not automatically stay actions taken by the administrative authority. Unless otherwise directed by the secretary in writing, the presiding officer may grant a stay pending review by the court. A stay may also be granted by the secretary, or by the Court of Appeal, First Circuit, in accordance with law and the rules of the court.

E. Upon motion of a party, the presiding officer may allow the record to be supplemented if the party seeking to do so has demonstrated good cause for failure to previously designate the supplement as part of the record, and all parties are served with the motion to supplement the record and given an opportunity to be heard on the motion.

La. Admin. Code tit. 33, § I-373

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:564 (June 1995).

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