La. Admin. Code tit. 43 § I-1511

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

Section I-1511 - Hearing Examiner; Small Claims; Adjudicatory Hearings

A. Upon acceptance by the regulatory authority of a claim as complete, and upon determination that all other reporting requirements in these regulations have been timely complied with by the claimant, the regulatory authority shall make disposition of the claim pursuant to the appropriate procedures as set forth below.

1. It may employ the services of experts or consultants in evaluating damage or loss whose sworn written or oral opinions or appraisals shall be made a part of the claimant's file or records as the case may be.

2. It may designate a hearing examiner to conduct the hearing.

3. It shall assign all claims for public hearing in compliance with the Louisiana Administrative Procedure Act, R.S. 49:951 et seq., and the general rules and regulations of the Department of Natural Resources, and especially with respect to notice and to the date on which objections to a claim must be presented in written form.

4. If no written objections to a claim are timely made:

a. the regulatory authority may make a preliminary evaluation of the claim or loss and if it does not exceed the sum of $500 and all essential requirements of these regulations are otherwise met by the claimant, it shall give notice of its intent to pay the claim in the manner as provided in Subsection F hereof. This notice may be combined with the notice of public hearing concerning it. If no objection is made to the payment of the claim at the public hearing, the regulatory authority may reimburse the claimant without further administrative delay;

b. at all hearings other than those provided for by Subparagraph 4.a:

i. the claimant must offer proof as to:

(a). his freedom from contributory negligence in causing his loss; and

(b). his good faith efforts to locate the financially responsible party to whom the obstruction, equipment, materials, structures or other items causing the claimed damage is attributable;

ii. on all other issues the regulatory authority may restrict the hearing to the introduction of evidence, proof, or testimony as to the ownership or location of the obstruction, the qualification of the claimant, the dollar value of the damage or loss or any other necessary information or facts not satisfactorily identified in the initial or full claim reports submitted. It shall notify the claimant of such restrictions and at the public hearing, claimant shall not be required to offer proof on matters other than those so restricted and those required by Clause 4.b.i above;

c. any person who has not made timely objection shall nevertheless be given an opportunity to be heard. The claimant need not, though he may, present further proof in support of his claim other than that required by Clause 4.b.i.

5. If written objections to a claim are timely made, the hearing shall be considered as an adjudicatory proceeding within the meaning of the Louisiana Administrative Procedure Act and the general rules and regulations of the Department of Natural Resources, and shall be conducted as such with full opportunity for responses, objections and other rights accorded by that Act and the regulations.

B. Monies from the fund shall be used to reimburse a claimant only for the cost of repair or replacement of fishing gear as to which damage or loss has been sustained under the scope of these regulations, and only to a maximum amount of $5,000 for each encounter with an obstruction or for each incident.

C. No reimbursement from the fund shall be made to any claimant where satisfactory evidence indicates that negligence of the claimant contributed to the damage or loss. If the regulatory authority determines that a claim arises from hitting or snagging an obstruction previously encountered by the claimant, a rebuttable presumption that the claimant is contributorily negligent must be overcome by him.

D. Any person aggrieved by a ruling or claim disposition made by the regulatory authority, a recommendation of the hearing examiner or other administrative action taken pursuant to these regulations or R.S. 56:700.1-700.5, shall have the right to request a rehearing, or to file an appeal with a court of proper jurisdiction.

E. The regulatory authority may establish written policies and procedures for the conduct of the adjudicatory hearings, the style and content of forms, or other administrative functions not inconsistent with the Louisiana Administrative Procedure Act. Such policies and procedures shall not be subject to notice and promulgation and rules or regulations, but shall be written and shall be made available to any interested person.

F. The regulatory authority shall publish a monthly report of the number and total dollar amount of the claims filed, the number of claims denied, the number of claims paid and the total dollar amount of the claims paid, and the latitude and longitude coordinate locations of each claim for which it is available, on the Fishermen's Gear Compensation Program website.

La. Admin. Code tit. 43, § I-1511

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:515 (August 1980), amended LR 16:416 (May 1990), Amended by the Office of Coastal Management, LR 401945 (10/1/2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:700.3.