La. Admin. Code tit. 43 § IX-311

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

Section IX-311 - Rehearing

A. Upon determination by the commissioner, any interested party may file a motion for rehearing within 10 days after the date of determination. The application for rehearing shall set forth specifically the grounds upon which such application is based. The grounds for such action shall be either that:

1. the decision is clearly contrary to the law and the evidence;

2. the party has discovered since the hearing evidence important to the issues which he could not have with due diligence obtained before or during the hearing;

3. there is a showing that issues not previously considered ought to be examined in order to dispose properly of the matter; or

4. there is other good ground for further consideration of the issues and the evidence in the public interest.

B. Upon such application the commissioner shall have power to grant or deny rehearing. Unless the commissioner acts upon the application for rehearing within 30 days after it is filed, such application is deemed to have been denied.

La. Admin. Code tit. 43, § IX-311

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:514 (August 1980).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501.