La. Admin. Code tit. 43 § V-515

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-515 - Procedure for Preparing and Filing Applications [Formerly LAC 43:I.915]

A. Date of Filing. At least 20 days (Saturdays, Sundays, and holidays excluded) prior to the date on which the transfer is to be effected, or in the case of a transfer by means of purchase of 10 percent or more of equity securities of the lessee, 20 days prior to such purchase, an application shall be filed with the secretary and delivered by hand to the lessee.

B. Number of Copies and Accompanying Material

1. Two signed copies of the application (including exhibits and all other accompanying papers and documents) shall be filed with the secretary at the Department of Natural Resources, Baton Rouge, LA 70804. One signed copy of such application shall be delivered to the lessee.

2. Each application shall be accompanied by a signed consent of the applicant to the appointment of the secretary as his or its agent for service of any and all pleadings, discovery requests, orders and investigations relating to the application, and, if the applicant is a corporation, by a consent signed by each director and each officer of the applicant (and by each director and each officer of any corporation controlling the applicant) and by any other person identified under §517. A.4.a ii hereof, agreeing to make himself available for prehearing investigatory or discovery proceedings either in the state of Louisiana or in the state in which the lessee maintains its or his principal executive offices.

3. Each application shall be accompanied by a certified or bank cashier's check in the amount of $100, payable to secretary, Department of Natural Resources, as an examination fee and, except as provided in §923, by a surety bond issued by a bonding company licensed to do business in the state of Louisiana in the principal amount of $5,000 (or such lesser amount as the secretary may permit upon request) conditioned to provide for payment of the costs of any investigation or hearing with respect to the application.

4. If the applicant is a corporation, the application shall also be accompanied by a certified copy of a resolution or resolutions of the board of directors of such applicant (and of any corporation controlling such applicant) specifically authorizing the person or persons signing the application and any consent on behalf of the applicant to sign and file the same.

C. Requirements as to Paper, Printing, and Language

1. The application shall be filed on good quality, unglazed, white paper, 8 1/2 by 14 inches in size, insofar as practicable.

2. The application and, insofar as practicable, all papers and documents filed as a part thereof, shall be printed, lithographed, mimeographed, or typewritten. All copies of applications and associated material shall be easily readable and suitable for repeated photocopying.

3. The application shall be in the English language. Any associated material filed with the application in a foreign language shall be accompanied by a translation into the English language.

D. Presentation of Information

1. Except as otherwise provided:

a. the application requires information only as to the applicant;

b. whenever words relate to the future, they have reference solely to present intention; and

c. any words indicating the holder of a position or office include persons, by whatever titles designated, whose duties are those ordinarily performed by holders of such positions or offices.

2. Unless clearly indicated otherwise, information set forth in any part of the application need not be duplicated elsewhere in the application. Where it is deemed necessary or desirable to call attention to such information in more than one part of the application, appropriate cross-references are permitted.

3. Material contained in any exhibit to the application may be incorporated by reference in the application. Such material shall be clearly identified in the reference, and an express statement that the specified matter is incorporated by reference shall be made at the particular place in the application where the information is required. Material shall not be incorporated by reference in any case where such incorporation would render the application incomplete, unclear or confusing.

4. Information need be given only insofar as it is known or reasonably available to the applicant. If any required information is unknown and not reasonably available to the applicant, either because the obtaining thereof would involve unreasonable effort or expense or because it rests within the knowledge of another person not affiliated with the applicant, the information may be omitted, subject to the following conditions.

a. The applicant shall give such information on the subject as he/she possesses or can acquire without unreasonable effort or expense, together with the sources thereof.

b. The applicant shall include a statement either showing that unreasonable effort or expense would be involved or indicating the absence of any affiliation with the person within whose knowledge the information rests and stating the result of a request made to such person for the information.

5. The application shall set forth such additional material facts, if any, as may be necessary to make the required information, in the light of the circumstances under which it is provided, not misleading. The secretary may at any time request an applicant to submit additional relevant information.

La. Admin. Code tit. 43, § V-515

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:131 (March 1980), repromulgated by the Department of Natural Resources, Office of Mineral Resources, LR 411727 (9/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:143.