La. Admin. Code tit. 43 § XI-2907

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

Section XI-2907 - Show Cause Hearing, Notice, Rules of Procedure, Record, Order of Compliance (Formerly section 511)

A. At any time that the assistant secretary determines that such action is appropriate, he may direct that an operator attend a formal show cause hearing and to show cause at said hearing why he should not be compelled to comply with applicable statutes and the rules and regulations promulgated thereunder.

B. The operator shall be given at least 10 days notice of said show cause hearing in the manner herein provided and shall be required to attend. The assistant secretary may issue such subpoenas as may be necessary for the attendance of witnesses and the production of documents.

C. The show cause hearing shall be conducted in accordance with the procedures for adjudication prescribed by the Administrative Procedure Act (R.S. 49:950 et seq.).

D. The record of the case shall include those items required by R.S. 49:955.E together with the enforcement file for the violation in question which enforcement file may include inspection reports and other evidence of violation, letters of noncompliance, modified letters of noncompliance, materials submitted by the operator pursuant to §§2903-2905, all correspondence and orders directed to the operator by the assistant secretary, all correspondence received by the assistant secretary from the operator, and evaluations and recommendations of the assistant secretary or his staff.

E. After conclusion of the show cause hearing the assistant secretary shall issue an order of compliance directed to the operator setting forth findings and determinations on all material issues, including a determination as to whether each alleged violation has been proven, and a statement of the actions required to be taken by the operator and the time by which such actions must be accomplished. The compliance order shall become final as specified by the Administrative Procedure Act.

F. The assistant secretary may tax the operator with all costs of said hearing including but not limited to transcription and service costs and hearing fees in the amount prescribed by R.S. 30:21.

G. The operator and the assistant secretary may consent to waiver of the show cause hearing and enter into a consent order which will become final and nonappealable upon its issuance.

H. If the operator fails to comply with the final order of compliance, the assistant secretary may take whatever civil or criminal action is necessary to enforce said order.

La. Admin. Code tit. 43, § XI-2907

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:601 (September 1986), repromulgated LR 49302 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 and 40:1892.