La. Admin. Code tit. 43 § I-4113

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

Section I-4113 - Revocation of Certification

A. The secretary may revoke a certification for any of the following reasons:

1. violation by the certified land conservation organization of or failure to continue to satisfy any requirement under §4107 A;

2. substantial change in any of the considerations under §4107. B C;

3. any reason for which certification could be denied under §4107 D;

4. failure to comply with any requirement under §4111;

5. the certified land conservation organization acts or fails to act in such a manner so as to interfere with or impede any Comprehensive Master Coastal Protection Plan or any Annual Plan adopted by the Coastal Protection and Restoration Authority and the Legislature under Revised Statutes Title 49, Part II, Subpart A, or any plan or project included in any such master plan or annual plan; however, this Section shall not be construed to limit the certified land conservation organization's ability to oppose any of the foregoing or to seek amendment or alteration thereof;

6. the certified land conservation organization is acquired, in whole or in part, by any person that is not a certified land conservation organization.

B. Revocation proceedings may be initiated by the secretary issuing a notice of intent to revoke certification to the certified land conservation organization. The notice shall be sent by United States mail, return receipt requested or with delivery confirmation, and shall set forth the secretary's reasons for revocation.

1. The certified land conservation organization may respond in writing within 30 days after receipt of the notice of intent to revoke certification, explaining its reasons why the certification should not be revoked and responding to each of the secretary's reasons for revocation. All documents that the certified land conservation organization contends the secretary should consider in determining whether to revoke the certification shall be attached to the response.

a. If no response is received within 30 days after the certified land conservation organization receives the notice of intent to revoke certification, the certification shall be revoked, unless excused by the secretary.

b. If a response is received timely, the secretary shall designate one or more reviewers to receive, review, and make recommendations to the secretary regarding the revocation. The reviewer shall designate a department contact with respect to the revocation, and shall provide contact information for that person to the applicant. All communications with the department regarding the revocation shall be made to the designated department contact, unless and until another contact is designated to the certified land conservation organization in writing.

2. In its response, the certified land conservation organization may request an oral presentation to the reviewer, to be held within 30 days after receipt of the response unless extended by the reviewer.

3. If the reviewer requires additional information or interview with any of the certified land conservation organization's board, officers, or staff members, the reviewer shall so notify the certified land conservation organization, specifying the information or interviews required by the reviewer. The reviewer shall issue any such notice to the certified land conservation organization in writing by United States mail, return receipt requested or with delivery confirmation.

a. If additional information is requested, the certified land conservation organization shall provide the requested information within 30 days after receipt of the request.

b. The reviewer may request one or more interviews of the certified land conservation organization's board, officers, or staff members, by telephone, videoconference, or in person within 30 days after receipt of the request.

c. If requested information is not received or interviews are not provided within 30 days after the certified land conservation organization receives the reviewer's request, the certification shall be revoked, unless excused by the reviewer.

4. The reviewer shall consider all information provided in or with the notice of intent to revoke certification, the department's files, any response, any oral presentation, any additional information provided, and any interviews. The reviewer may disregard any information not submitted timely pursuant to this Section.

a. The reviewer may seek and obtain any other information or interviews from any other source, but shall notify the certified land conservation organization of its intent to consider such information or interviews and the basic nature of the information or materials. The certified land conservation organization may respond in writing within 30 days after receipt of notice of such information or interviews.

5. The reviewer shall make a recommendation to the secretary in writing regarding whether to revoke the certification within 60 days after receipt of the certified land conservation organization's response, any requested information, any requested interviews, any oral presentation requested by the certified land conservation organization, and any response to any notice of additional information or interviews.

6. The secretary shall render a determination regarding revocation within 60 days after receipt of the recommendation of the reviewer.

7. The secretary shall notify the certified land conservation organization in writing of the secretary's determination regarding revocation, by United States mail, return receipt requested or with delivery confirmation.

8. If the secretary determines to revoke the certification, the secretary shall so notify the Senate Committee on Natural Resources and the House Committee on Natural Resources of the secretary's determination.

a. The secretary may publish public notice of the secretary's determination to revoke the certification.

C. Upon revocation of any certification, the organization will no longer be considered a certified land conservation organization and will no longer be considered to meet the definition of an acquiring authority under R.S. 31:149, on and after the date of such revocation.

D. Instead of revoking a certification, the secretary may, but need not, deem a certified land conservation organization to be non-compliant or on probationary status, for any of the reasons stated in this Section for which certification may be revoked. Such non-compliant or probationary status may be publicized by the secretary in any manner he deems appropriate.

La. Admin. Code tit. 43, § I-4113

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 35:80 (January 2009).

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