Statutes, codes, and regulations
Louisiana Administrative Code
Title 43 - NATURAL RESOURCESPart XV - Office of Conservation-Surface MiningSubpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems
Chapter 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions
Section XV-3133 - Challenging an Ownership or Control Listing or Finding

La. Admin. Code tit. 43 § XV-3133

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Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-3133 - Challenging an Ownership or Control Listing or Finding
A. To challenge an ownership or control listing or finding, the applicant must submit a written explanation of the basis for the challenge, along with any evidence or explanatory materials he or she wishes to provide under §3135 B, to the regulatory authority, as identified in the following table.

If the challenge concerns...

Then submit a written explanation to...

(1) a pending state or federal permit application

the regulatory authority with jurisdiction over the application.

(2) applicant's ownership or control of a surface coal mining operation, and he or she is not currently seeking a permit

the regulatory authority with jurisdiction over the surface coal mining operation.

B. The provisions of this Section and of §3135 apply only to challenges to ownership or control listings or findings. The applicant may not use these provisions to challenge liability or responsibility under any other provision of the Act or these regulations.
C. When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with jurisdiction over the violation and the AVS office to obtain additional information.
D. A regulatory authority responsible for deciding a challenge under §3133. A may request an investigation by the AVS Office.
E. At any time, the applicant, a person listed in AVS as an owner or controller of a surface coal mining operation, may request an informal explanation from the AVS office as to the reason he or she is shown in AVS in an ownership or control capacity. Within 14 days of the request, the AVS Office will provide a response describing why the applicant is listed in AVS.

La. Admin. Code tit. 43, § XV-3133

Promulgated by the Department of Natural Resources, Office of Conservation, LR 37:2733 (September 2011).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.