La. Admin. Code tit. 33 § V-31311
Current through Register Vol. 50, No. 9, September 20, 2024
Section V-31311 - Reinspection, Show Cause ConferenceA. Upon expiration of the delay allowed in the letter of non-compliance or modified letter of non-compliance for correcting said probable violation, the operator's facilities shall be reinspected and if the operator is found to be in compliance, the enforcement file for said violation will be closed.B. If upon reinspection the operator is found to be in violation of the statute, rule or regulation for which a letter of non-compliance has been issued, the assistant secretary may: 1. re-issue citation to the operator in the form of a letter of non-compliance containing such modifications or extensions of time as the case may warrant;2. require that the operator attend a show cause conference with the assistant secretary or his agent to review the complaint and the operator's efforts in resolving or correcting the violation and at the conclusion of said conference the assistant secretary may re-issue a modified letter of non-compliance containing such modifications or extensions of time as the case may warrant; or3. immediately after reinspection or after the show cause conference, initiate one or more enforcement proceedings prescribed by §31313-31319C. The show cause conference shall be conducted informally without strict adherence to the rules of evidence.. The operator may submit any relevant information, call witnesses on his behalf, and examine the evidence and witnesses against him. No detailed record of said conference shall be prepared but said record shall contain the materials in the enforcement case file pertinent to the issues, relevant submissions of the operator and the written recommendations of the assistant secretary or his agent.La. Admin. Code tit. 33, § V-31311
Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 29:2845 (December 2003).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:753.