La. Admin. Code tit. 43 § I-1113

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1113 - Decision of Port Authority

A. After the decision of the Port Authority has been made to either grant or deny the applicant's lease request, the board, through OMR, shall notify the AESL applicant of the Port Authority's decision via certified U. S. Postal Service First Class Mail, return receipt requested.

B. If the AESL request is denied by the Port Authority, the applicant shall have 60 days from receipt of the board notice to request an administrative hearing with the Division of Administrative Law, pursuant to Chapter 13-B, Title 49 of the Louisiana Revised Statutes of 1950 and Chapter 11.

C. The Port Authority shall contract with the Division of Administrative Law to conduct the administrative hearing.

D. The Port Authority which did not grant prior written approval for the proposed AESL shall have the burden of proof at the administrative hearing that the proposed AESL is detrimental to the needs of commerce and navigation.

La. Admin. Code tit. 43, § I-1113

Promulgated by Department of Natural Resources, Office of Mineral Resources, LR 38:128 (January 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:124.