La. Admin. Code tit. 42 § I-1819

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1819 - Administrative Proceedings and Adjudication

A. Denial of Application for Registration or Permit or Renewal of Registration or Permit

1. In accordance with the Louisiana Administrative Procedure Act, no application for registration, permit or renewal of registration or permit shall be denied without prior notice to the applicant. Said notice shall include facts and/or conduct which warrant the intended action. The applicant shall be given a opportunity to show compliance. If the applicant fails to comply, the department may proceed to deny the registration or permit or the renewal of such. Absent the need for emergency action, the existing license shall not expire until the last day for seeking review of a department order.

2. When the department denies an application for registration or permit or renewal of a registration or permit the applicant may request a hearing within 30 days of denial. Upon the department's receipt of written request, a hearing shall be conducted in accordance with the provisions of the Louisiana Administrative Procedure Act.

B. Administrative Proceedings and Judicial Review

1. The department shall conduct a hearing:

a. following the emergency revocation, restriction, limitation, or seizure of a machine suspension of a permit;

b. prior to the revocation of a permit; and

c. prior to the denial of renewal of a permit.

2. All hearings must be held in accordance with the Louisiana Administrative Procedure Act.

3. Administrative procedures conducted by the department are subjected to judicial review in accordance with the provisions of the Louisiana Administrative Procedure Act.

La. Admin. Code tit. 42, § I-1819

Promulgated by the Department of Justice, Corrections, Criminal Justice and Law Enforcement Division, LR 11:799 (November 1988).

AUTHORITY NOTE: Promulgated in accordance with R.S. 33:4861.17.