La. Admin. Code tit. 43 § XV-3109

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

Section XV-3109 - Informal Conferences

A. Procedure for Requests. Any person whose interests are or may be adversely affected by the issuance of the permit, or the officer or head of any federal, state or local government agency or authority may, in writing, request that the office hold an informal conference on any application for a permit. The request shall:

1. briefly summarize the issues to be raised by the requestor at the conference;

2. state whether the requestor desires to have the conference conducted in the locality of the proposed mining operations; and

3. be filed with the office not later than 30 days after the last publication of the newspaper advertisement placed by the application under §3103 A

B. Except as provided in §3109. C below, if an informal conference is requested in accordance with §3109 A, the office shall hold an informal conference within a reasonable time following the receipt of the request. The informal conference shall be conducted according to the following:

1. if requested under §3109. A 2, it shall be held in the locality of the proposed mining;

2. the date, time and location of the informal conference shall be advertised by the office in a newspaper of general circulation in the locality of the proposed mine at least two weeks prior to the scheduled conference;

3. if requested, in writing, by a conference requestor in a reasonable time prior to the conference, the office may arrange with the applicant to grant parties to the conference access to the mine plan area for the purpose of gathering information relevant to the conference;

4. neither the requirements of §5 of the Administrative Procedure Act, as amended (5 U.S.C. 554), nor the requirements of the Louisiana Administrative Procedure Act shall apply to the conduct of the informal conference. The conference shall be conducted by a representative of the office, who may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference proceeding, unless waived by the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's performance bond or other equivalent guarantee pursuant to Subpart 4.

C. If all parties requesting the informal conference stipulate agreement before the requested informal conference and withdraw their request, the informal conference need not be held.

D. Informal conferences held in accordance with this Section may be used by the office as the public hearing required under §1107. C on proposed uses or relocation of public roads.

La. Admin. Code tit. 43, § XV-3109

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.