La. Admin. Code tit. 43 § I-129

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-129 - Judicial Review of Adjudication

A. A person who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review thereof, whether or not he has applied to the secretary for rehearing, without limiting, however, utilization of or the scope of judicial review available under other means of review, redress, relief or trial de novo provided by law. A preliminary, procedural or intermediate action or ruling is immediately reviewable, if review of the final decision would not provide an adequate remedy and would inflict irreparable injury.

B. Proceedings for review may be instituted by filing a petition in the Civil District Court for the Parish of East Baton Rouge within 30 days after the mailing of notice of the final decision by the secretary, or if a rehearing is requested, within 30 days after the decision thereon. Copies of the petition shall be served upon the secretary and on all parties of record.

C. The filing of the petition does not itself stay enforcement of the decision of the secretary, who may, however, grant a stay upon appropriate terms.

La. Admin. Code tit. 43, § I-129

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).