La. Admin. Code tit. 43 § XIX-4705
Current through Register Vol. 50, No. 11, November 20, 2024
A. In addition to the fees charged pursuant to LAC 43:XIX.703 or successor regulations, a fee shall be charged for each application for a permit, modification, order, license, registration, or variance that is processed on an expedited basis in accordance with this Chapter. 1. A total estimated cost for the expedited processing shall be computed by the commissioner based upon the estimated number of expedited processing hours required to complete the administrative review and/or permitting process multiplied times the hourly overtime salary of the applicable Office of Conservation employees or the hourly rate of applicable contractors, including associated related benefits, plus an administrative fee of twenty percent of the total costs. The overtime salary of the Office of Conservation employees shall be the normal hourly wage times one and one-half. a. Prior to commencement of the expedited application process, the applicant shall deposit with the Office of Conservation no less than 50 percent of the estimated cost provided to the applicant computed in Paragraph A.1 of this Section. All costs associated with the expedited review, including overtime wages, hourly contractor wages, associated related benefits paid, and the administrative fee, will be deducted from the credited amount as incurred.b. The required amount to be deposited with the Office of Conservation in order to initiate the expedited application process will be determined on a case-by-case basis considering the type of application, estimated length of review, available resources, compliance history of the applicant, and any other factors considered pertinent by the commissioner.c. When the applicants credited deposit reaches less than 10 percent of the total cost estimated in accordance with Paragraph A.1 of this Section, or when otherwise required by the commissioner, the applicant will be notified, invoiced, and shall deposit with the Office of Conservation the remaining estimated required sum to complete the expedited application process.d. If the applicants credited deposits are exhausted before the expedited application process is completed, additional funds will be required to continue the review on an expedited basis.e. If it is determined after an application decision is rendered that the applicant owes funds in addition to that previously deposited in accordance with this Section, an invoice will be issued, and the applicant will pay the balance due to the Office of Conservation within 20 days. f. Any funds remaining to the credit of the applicant upon completion of the expedited application process will be refunded within 30 days.2. In the event that the Office of Conservation ceases processing an application for a permit, modification, order, license, registration, or variance at the request of the applicant or in accordance with LAC 43:XIX.4703.C.3 of this Section, any unused funds on deposit credited to the applicant for expedited processing of the subject application for a permit, modification, order, license, registration, or variance shall be refunded to the applicant within 30 days.La. Admin. Code tit. 43, § XIX-4705
Promulgated by the Department of Natural Resources, Office of Conservation, LR 412374 (11/1/2015).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4(P).