La. Admin. Code tit. 43 § I-133

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

Section I-133 - Debts Owed to the Department of Natural Resources

A. Applicability. This Section is applicable for all debts owed to the Department of Natural Resources (hereinafter referred to as "DNR"), with the following exceptions:

1. debts associated with mineral leases or operating agreements, or mineral production on State lands and water bottoms, or to any debts under the authority of the State Mineral and Energy Board;

2. debts associated with federal loans or grant programs, including but not limited to those issued, through the Home Energy Loan Program (HELP), Energy Fund, or the American Recovery and Reinvestment Act of 2009 (ARRA) Revolving Loan Fund;

3. debts other than those debts owed under the Oilfield Site Restoration Act (R.S. 30:80, et seq.) that are owed to the Office of Conservation or the Commissioner of Conservation,

4. debts owed the Fishermans Gear Compensation Fund (R.S. 56:700.1, et seq.), or

5. debts associated with the overpayment of active or separated DNR employees.

B. Due Date of Applicable Debt

1. When an applicable debt is owed to DNR, DNR shall create an invoice for that debt. Among other things the invoice shall identify the amount of the debt owed to DNR and the individual, company, or organization that owes the invoiced debt to DNR. In the event that the applicable statutes or rules establish the date on which the invoiced debt is due, the invoiced debt amount shall be due to DNR on that date. When the applicable statutes or rules do not establish a date on which the invoiced debt is due, then the invoiced debt shall be due 60 days after the invoice is duly delivered to the party identified as owing the debt. In the event, the debt has been invoiced prior to the effective date of this regulation and there is no due date established by the applicable statute or regulation, then the debt amount shall be due 60 days after the effective date of this regulation.

2. For purposes of this Section, the invoice shall be deemed duly delivered upon:

a. receipt by the party identified as owing the debt if delivered in person;

b. if properly addressed, two days after deposit in the U.S. mail;

c. if properly addressed, one business day after it is sent by recognized commercial overnight courier service; or

d. if properly addressed, upon transmission if sent via email with confirmation of receipt.

3. For purposes of this Section, properly addressed means the invoice is addressed to the physical, mailing, or email address that is:

a. registered by the party with the department or any of its offices or programs where such registration is required by applicable law or regulation;

b. provided by the party to the department or any of its offices or programs on an application or other agency form; or

c. if no other address exists, then any address otherwise provided by law.

C. Dispute of an Applicable Debt. In the event the party that is invoiced disputes the debt owed to DNR said party may request an administrative hearing in writing within 60 days after the invoice is duly delivered to said party. Such requests shall set forth the basis for the partys belief that it does not owe the debt to DNR. Such requests shall be addressed to DNR-Office of the Secretary, ATTN: DNR Debt Appeal, P.O. Box 94396, Baton Rouge, LA 70804-9396.

1. The request for an appeal of a debt will be deemed submitted to DNR on:

a. the date it is actually hand delivered to DNR;

b. if properly addressed, two days after deposit in the U.S. Mail; or

c. if properly addressed, one business day after it is sent by recognized commercial overnight courier service.

2. The administrative hearing shall be presided over by a Division of Administrative Law hearing officer and subject to the rules and requirements established by the Division of Administrative Law Act (R.S. 49:991-999.1).

D. Final Debts. Debts owed to DNR shall become final pursuant to R.S. 47:1676 either the day after the deadline to request an administrative hearing as set forth in Subsection C of this Section has passed and no request for an administrative hearing has been made, or when a final and un-appealable decision is made that the debt is owed to DNR by a competent administrative hearing officer or a court of competent jurisdiction.

E. Cost Recovery. Pursuant to R.S. 47:1676, when any debt owed to DNR becomes final then the debt shall be referred to the Office of Debt Recovery, Department of Revenue or to the Attorney Generals office for collection in accordance with the agency participation agreement between the Department of Natural Resources, the Louisiana Department of Revenue, and the Louisiana Attorney Generals Office that is then in effect.

F. Not a Replacement of the Judicial Review Process. Creation of the right set forth in Subsection C of this Section to request an administrative hearing to challenge whether a specific party owes a specific invoiced debt is not intended to replace or alter the judicial review process for challenging the validity of underlying regulations, orders, civil penalties, or other decisions properly challenged under other statutory authority, including but not limited to, R.S. 30:12, R.S. 49:962.1-965, R.S. 49:968, or R.S. 49:214.35.

La. Admin. Code tit. 43, § I-133

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 44346 (2/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:353(A)(3).