La. Admin. Code tit. 43 § I-119

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

Section I-119 - Rehearings

A. A decision or order in a case of adjudication shall be subject to rehearing, reopening or reconsideration by the secretary within 10 days from the date of its entry. The grounds for such action shall be either that:

1. the decision or order is clearly contrary to the law and the evidence;

2. the party has discovered, since the hearing, evidence important to the issues which he could not with due diligence have obtained before or during the hearing;

3. there is a showing that issues not previously considered ought to be examined in order to dispose of the matter;

4. there is other good ground for further consideration of the issues and the evidence in the public interest.

B. The petition of a party for rehearing, reconsideration or review, and the order of the secretary, if granting it, will set forth the grounds which justify such action. Nothing in this Section will prevent rehearing, reopening or reconsideration of a matter by the secretary in accordance with other statutory proceedings applicable to it, or at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On reconsideration, reopening or rehearing, the matter may be heard by the secretary, or it may be referred to a presiding officer. The hearing will be confined to those grounds upon which the reconsideration, reopening or rehearing was ordered. If an application for rehearing is filed timely, the period within which judicial review, under the applicable statute, must be sought, shall run from the final disposition of such application.

La. Admin. Code tit. 43, § I-119

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 5:356 (November 1979).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:354(A).