La. Admin. Code tit. 43 § I-4109

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

Section I-4109 - Procedure for Certification

A. An applicant seeking certification shall submit an application to the department in writing.

1. The application shall state the means by which the applicant satisfies each of the requirements of §4107. A Documents required under §4107. A shall be attached to the application.

2. The application shall state the manner and extent to which the applicant satisfies or addresses each organization consideration of §4107 B, or the reasons that a particular consideration is inapplicable. Documentation thereof, as appropriate, shall be attached.

a. If the applicant is accredited by the Land Trust Alliance as a land trust, the applicant may satisfy the requirements of this §4109. A.2 by attaching its application for accreditation to the Land Trust Alliance, a statement of any variances presently existing or anticipated by the applicant from its affirmations in the application, and documentation from the Land Trust Alliance that the accreditation is currently valid.

3. The application shall state the manner and extent to which the applicant satisfies or addresses each general consideration of §4107 C, or the reasons that a particular consideration is inapplicable. Documentation thereof, as appropriate, shall be attached.

4. The applicant shall state whether any of the extraordinary considerations of §4107. D applies, and if so, shall fully explain the situation and the reasons that the applicant asserts that the application should not be disqualified for that reason.

a. The reviewer may conduct or obtain a background or other investigation of the applicant and any officer or director of the applicant, including any criminal, financial, regulatory, or other matters. By submitting its application, the applicant and its officers and directors submit to and waive any objection to any such investigation.

5. The applicant may state in or attach to the application any other information that the applicant asserts is relevant to the determination regarding certification. The secretary may disregard any information not provided with the application or any supplement requested by the reviewer.

6. The applicant shall designate an applicant contact with respect to the application and certification, and shall provide contact information for that person in the application. All communications with the applicant regarding the application or certification shall be made to the designated applicant contact, unless and until another contact is designated to the department in writing.

B. The secretary shall designate one or more reviewers to receive, review, and make recommendations to the secretary regarding applications for certification.

1. The reviewer shall determine the completeness of the application within 60 days of receipt.

2. The reviewer shall consider all information provided in or with the application or any supplement. The reviewer may disregard any information not submitted timely pursuant to this Section.

3. The reviewer shall designate a department contact with respect to the application and certification, and shall provide contact information for that person to the applicant. All communications with the department regarding the application or certification shall be made to the designated department contact, unless and until another contact is designated to the applicant in writing.

C. If the reviewer deems the application incomplete or requires additional information, the reviewer shall so notify the applicant, specifying the deficiencies and/or information required by the reviewer to complete the application. The reviewer shall issue any such notice of deficiency in writing to the applicant contact by United States mail, return receipt requested or with delivery confirmation.

1. If the applicant is notified of a deficiency in the application or additional information is requested, the applicant shall remedy the deficiency or provide the requested information within 60 days after issuance of the notice of deficiency.

2. The reviewer may request one or more interviews of the applicant's board, officers, or staff members, by telephone, videoconference, or in person. If the reviewer requests any such interviews, the application shall be considered incomplete until the interviews are conducted.

3. All time periods for the secretary or reviewer to take any action under this Chapter shall be suspended from date of issuance of any notice of deficiency until such time as the secretary or reviewer determines that the deficiency has been adequately addressed and so notifies the applicant contact by United States mail, return receipt requested or with delivery confirmation. The secretary or reviewer shall have 30 days to take any such action after satisfaction of the deficiency, in addition to any of the original time period remaining.

D. If the reviewer deems the application complete, the reviewer shall so notify the applicant. The reviewer shall issue any such notice of completion in writing to the applicant contact by United States mail, return receipt requested or with delivery confirmation.

1. If the applicant is notified of completion of its application, the department shall publish public notice of the application and the applicant's intent to become certified under this Chapter, within 30 days after issuing the notice of completion.

a. Such notice shall identify and describe the applicant, state that the applicant has applied for certification as a land conservation organization pursuant to R.S. 31:149 and/or R.S. 41:1702, and state the applicant's purpose in seeking certification.

b. Such notice shall be published in the official journal for the state.

c. Such notice shall identify and provide the address for the department contact, and state that public comments may be provided to the department contact in writing within 30 days of publication of the public notice of the application.

2. The reviewer shall consider any public comments received in writing within 30 days after publication of the public notice of the application. The reviewer need not consider public comments that are not received timely.

E. The reviewer shall make a recommendation to the secretary in writing regarding whether to grant certification, deny certification, or grant certification with specified conditions, within 90 days after publication of public notice of the application.

1. The secretary shall render a determination regarding certification within 60 days after receiving the recommendation of the reviewer.

2. The secretary shall notify the applicant contact in writing of the secretary's determination regarding certification, by United States mail, return receipt requested or with delivery confirmation.

F. If the secretary determines to certify the applicant as a state or national land conservation organization, the applicant shall submit a request for approval of the certification, together with the secretary's determination, to the Senate Committee on Natural Resources and the House Committee on Natural Resources within 60 days of receipt of the secretary's determination.

1. The applicant shall bear all responsibility for submitting and obtaining approval of the certification by both legislative committees.

2. The applicant shall forward any approval or disapproval of the certification by official action of the committees to the department contact, immediately upon receipt.

G. Certification shall be effective upon the date and at the time that it has been approved by both the Senate Committee on Natural Resources and the House Committee on Natural Resources.

1. No certification shall be valid unless and until it is approved by both the Senate Committee on Natural Resources and the House Committee on Natural Resources.

La. Admin. Code tit. 43, § I-4109

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 35:78 (January 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 31:149 and R.S. 41:1702.